Reversible Error

F-2019-588

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In OCCA case No. F-2019-588, Ricky Eugene Spencer appealed his conviction for two counts of Shooting with Intent to Kill. In an unpublished decision, the court decided to vacate the judgment and sentence and remand the case for a new trial. One judge dissented. Ricky Eugene Spencer was found guilty of shooting at two people, which led to his conviction. The trial took place in Muskogee County, where the jury decided on a twenty-year sentence for each count. However, the judge allowed for some of that time to be suspended and had conditions for probation. During his appeal, Spencer raised several issues, but one stood out: the jury was given the wrong instructions about transferred intent. This is a legal concept that says if someone means to hurt one person but accidentally hurts someone else, the intent to harm can still apply to the actual victim. The court found there was indeed an error in how the jury was instructed. Spencer did not challenge the instruction during the trial, so the court reviewed the mistake under plain error, meaning it was an obvious error that affected the fairness of the trial. The judge explained that the jury was incorrectly told they could find Spencer guilty of intent to kill based on a lesser intention to injure or scare someone else. This meant they could convict him without the proof needed for a serious crime like shooting with intent to kill. The prosecution argued that Spencer aimed to kill one person and mistakenly shot two bystanders. However, the trial's instructions could have allowed the jury to convict him based on weaker proof than required. During discussions, the jury showed they weren't completely convinced, asking questions that suggested they were unsure. The prosecutor's arguments during the trial also emphasized the wrong aspects of the law, pushing the jury toward an improper conclusion. Overall, the court could not be sure that the jury understood what they needed to prove. Therefore, they ruled that the error affected Spencer's rights significantly, requiring a new trial to ensure fairness. The decision means that Spencer would get another chance to defend himself in court, as the guidelines for convicting him were not properly explained the first time.

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F-2017-1293

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In OCCA case No. F-2017-1293, Melissa D. Clark appealed her conviction for First Degree Murder-Child Abuse. In an unpublished decision, the court decided to affirm her conviction, and one judge dissented. Melissa was found guilty of First Degree Murder-Child Abuse after a trial by jury. The jury recommended a life sentence, which the court agreed to. Melissa was accused of causing the death of a four-month-old baby while running a daycare. During the trial, evidence showed that Melissa lost her temper and shook the baby, then threw her into a bouncy seat, causing the baby to hit her head and become injured. The baby later died from these injuries. Melissa argued that the evidence was not strong enough to prove she murdered the baby. However, the court concluded that a reasonable person could find her guilty based on the evidence presented. They looked at her own statements to the police, where she admitted to shaking and throwing the baby. Medical experts testified that the baby's injuries were serious and consistent with such actions. Melissa also claimed that her statements to the police should not have been included in the trial because she was not told she had a right to remain silent and a lawyer present, according to a legal ruling called Miranda. The court decided that she was not in a position where she was in custody and therefore, the police did not need to give her those warnings. Additionally, Melissa wanted the jury to be given the option to consider a lesser charge of second-degree manslaughter instead of murder. She argued that her actions could have been seen as an accident. The court found that there was no evidence to suggest her actions were anything but willful and malicious. They concluded that throwing a baby was not something a reasonable person would consider negligent. Finally, Melissa challenged her life sentence, claiming it was excessive. The court stated that the jury had the option to give a longer sentence but chose life instead, which they saw as fair given the circumstances of the case. They decided that nothing in her sentence shocked the conscience of the court. The court affirmed the judgment and sentence, meaning they agreed with the verdict and the punishment decided by the jury.

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RE-2018-645

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**Court of Criminal Appeals of the State of Oklahoma** **ANTWOIN LEE WALKER, Appellant, vs. THE STATE OF OKLAHOMA, Appellee.** **Case No. RE-2018-645** **Summary Opinion** **File Date: December 12, 2019** **KUEHN, VICE PRESIDING JUDGE:** Antwoin Lee Walker appeals the full revocation of his six-year suspended sentence in Case No. CF-2015-675 by District Judge Paul Hesse of the Canadian County District Court. **Background:** On October 27, 2015, Walker pled guilty to Petit Larceny (Count 1) and Knowingly Concealing Stolen Property (Count 2), resulting in a six-month county jail sentence on Count 1 and a ten-year sentence on Count 2, with four years suspended. On May 30, 2017, the State filed to revoke his suspended sentence, citing new charges including Attempt to Kill, Rape in the First Degree, and two instances of Petit Larceny, in Case No. CF-2017-445. Walker was subsequently convicted on May 10, 2018, of all counts in that case. During a hearing on June 19, 2018, which combined revocation and sentencing phases, Judge Hesse considered evidence from the jury trial and sentenced Walker to life imprisonment on Counts 1 and 2, among others. In the revocation portion, Walker’s attorney agreed to incorporate the trial evidence in assessing the probation violation. Judge Hesse found Walker had violated his probation and revoked the suspended sentence in full, ordering it to run concurrently with his sentences from Case No. CF-2017-445. **Proposition of Error:** Walker asserts the trial court erred by taking judicial notice of evidence from the prior trial. **Analysis:** The appellate court finds that there was no judicial notice taken. Walker consented to the combination of hearings and did not object to the incorporation of trial evidence into the revocation proceedings. The court notes the distinction from precedent cases, as Walker's situation involves a combined hearing rather than separate unrelated proceedings. Given that the trial court is afforded discretion in revocation matters and there was no abuse of that discretion, the court ultimately finds no reversible error. **Decision:** The order revoking Walker’s six-year suspended sentence is AFFIRMED. **Appearances:** - **For the Appellant:** Craig Corgan, Sarah MacNiven - **For the State:** Eric Epplin, Mike Hunter, Theodore M. Peeper **Opinion by:** KUEHN, V.P.J. **Concurred by:** LEWIS, P.J.; LUMPKIN, J.; HUDSON, J.; ROWLAND, J. **Note:** For the full opinion, see [here](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-645_1734427729.pdf).

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F-2016-62

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In OCCA case No. F-2018-360, McNeary appealed his conviction for lewd acts with a child under 16. In an unpublished decision, the court decided to affirm the conviction. No one dissented. Goldy Romeo McNeary was found guilty by a jury for two counts of committing lewd acts with a child under 16 years old. The jury sentenced him to ten years in prison for each count, and these sentences were ordered to be served one after the other. The court also decided that McNeary must serve 85% of his sentence before he could be considered for parole. McNeary appealed his conviction, arguing several points. First, he claimed that the trial court wrongfully allowed evidence of other bad acts, which he said made his trial unfair. Second, he said that this evidence was more harmful than helpful, violating his right to a fair trial. Third, he argued that the trial court did not give the jury proper instructions about how to use this evidence. Fourth, he felt that the trial court was wrong to not allow him to present evidence about Speck Homes, where the acts took place. Lastly, he believed that when considering all the errors together, they warranted a new trial. For the first two points, the court looked at whether the admission of the other crimes evidence was an obvious mistake and if it affected McNeary’s rights. They concluded that even if there was a mistake, it did not change the outcome since there was clear evidence of his guilt. Thus, the evidence did not rise to the level of a serious error. For the third point, the judge had promised to give instructions about the other crimes evidence but failed to do so at the right time. However, since the judge provided some instructions later, the court found no harm was done to McNeary from this. On the fourth point about Speck Homes, the court reasoned that the evidence was not allowed mainly because it was not relevant and also tried to avoid bad effects such as confusion. The trial judge made a choice based on their understanding of the law, and the appellate court did not find it to be a mistake. Lastly, the court examined McNeary's claim that all the errors combined were enough to grant him a new trial. They determined that no significant individual errors had occurred that would justify this request. In conclusion, the court upheld the judgment and sentencing, affirming McNeary’s conviction without any dissent from the other judges involved.

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F-2018-91

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In OCCA case No. M-2018-259, Apollo Gabriel Gonzalez appealed his conviction for Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. On July 12, 2016, Gonzalez was charged with domestic abuse in two separate cases that were later combined for a jury trial. The jury found him guilty of both charges, and the judge sentenced him to pay fines. Gonzalez argued that he did not get a fair trial. He said his lawyer did not use important evidence that could have helped him. He claimed this evidence would show that the person he was accused of hurting was actually the aggressor and that he acted in self-defense. However, the court noted that Gonzalez did not provide actual evidence to support his claims about his lawyer's performance. The court explained that to win an appeal on these grounds, Gonzalez needed to show that his lawyer made serious mistakes and that those mistakes affected the outcome of his trial. The judges ruled that even if his lawyer had made mistakes, Gonzalez could not show that the result of the trial would have been different. In his second argument, Gonzalez claimed that having both of his cases tried together was unfair. He referenced a previous decision where combining cases had led to issues. However, the court pointed out that in his case, the jury could decide each case separately, unlike the situation in the previous decision he cited. In the end, the court found no errors that would require reversing the conviction or changing the result. The judges upheld the earlier decisions, and Gonzalez's appeal was denied.

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F-2018-112

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In OCCA case No. F-2018-112, Christopher Lewis Whinery appealed his conviction for first-degree murder. In a published decision, the court decided to affirm the conviction. No one dissented. Mr. Whinery was found guilty by a judge without a jury. The case took place in Creek County, where he was sentenced to life in prison and fined $500. His main argument was that the judge made a mistake by allowing his statements to the police to be used against him during the trial. He said that he was in custody and had not been told his rights, which needs to happen before police can question someone. However, the court looked at what happened and found that Mr. Whinery was not in custody when he spoke to the police. This means he wasn’t formally arrested, and his freedom wasn't limited like it would be if he were arrested. Because of this, the police did not need to read him his rights at that time. Since the court agreed that there was no error in allowing his statements, they decided to keep his conviction as is, meaning he will remain in prison for life.

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F-2017-1167

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In OCCA case No. F-2017-1167, Revival Aso Pogi appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Revival Aso Pogi was convicted of murdering Steven Qualls in Oklahoma City in April 2014. Qualls was found dead in his home, and the scene was very bloody. An autopsy showed he had been beaten and stabbed over fifty times. Pogi was arrested after his wallet and bloody handprints were found at the crime scene. During police questioning, Pogi initially denied any involvement but later admitted to killing Qualls, stating he acted in self-defense after being held captive. Pogi’s appeal raised several arguments. He claimed that there was not enough evidence to support his conviction and that the trial court made mistakes. He argued that the jury should have been given instructions on a lesser charge of manslaughter, that his statements to police were made under duress, and that evidence of the victim's past conduct was improperly excluded. Pogi also challenged the use of a graphic photograph of the victim and claimed that the cumulative impact of all errors warranted a new trial. The court rejected Pogi's claims. They found that the jury had enough evidence to conclude that Pogi intentionally killed Qualls and that his self-defense claim wasn’t justified. They ruled that the trial court made appropriate decisions about jury instructions and evidence. The court noted that even if there were errors, they were harmless and did not affect the outcome of the trial. Ultimately, the court upheld Pogi's conviction for First Degree Murder and confirmed the life sentence imposed by the trial judge.

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F-2016-461

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In OCCA case No. F-2016-461, Roy Dale Doshier appealed his conviction for Rape in the First Degree. In an unpublished decision, the court decided to affirm the conviction but vacated a $250 attorney fee that had been assessed. One judge dissented. Doshier was found guilty after a jury trial and received a 30-year sentence, with the requirement to serve 85% of the term before being eligible for parole. He raised six points of error in his appeal, focusing on issues such as the admissibility of his statements, jury instructions regarding lesser offenses, the attorney fee, and the fairness of the proceedings. The court reviewed each issue. It found no error in admitting Doshier's statements, reasoning that the trial court had not abused its discretion in allowing them into evidence. On the question of jury instructions, the court concluded that the judge had not erred in not including instructions for lesser offenses, as no prejudice had been shown against Doshier. However, the court agreed to vacate the $250 fee for indigent defense because the attorney assigned to him did not actually represent him in court, which meant the fee was not valid. They also determined that Doshier's sentence was not excessive and did not require the jury to be informed about sex offender registration as part of the instructions. In the end, the court affirmed the judgment and sentence while vacating the fee, upholding the conviction due to a lack of legal errors. Overall, there was no indication that Doshier did not receive a fair trial, and the judges were satisfied with the outcome except for the singular point about the attorney fee.

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M 2015-1099

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In OCCA case No. M 2015-1099, Phantirath appealed her conviction for engaging in prostitution and operating a place of prostitution. In a published decision, the court decided to reverse her convictions because she was not allowed to enter a guilty plea, which is a right for defendants. One judge dissented, stating that the trial court did not abuse its discretion in rejecting the plea.

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F-2014-1100

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In OCCA case No. F-2014-1100, Kenshari Andre Graham appealed his conviction for Second Degree Felony Murder. In an unpublished decision, the court decided to affirm the conviction but remanded the case for resentencing. One judge dissented. Graham was found guilty of murdering Alec McGlory while trying to rob him at gunpoint for illegal drugs. The jury recommended that he serve life in prison, and the trial court agreed with this sentence. During the appeal, Graham argued that the trial court made a mistake by allowing the State to introduce evidence of another crime he committed—a burglary that took place two days after the murder. He believed this should not have been allowed because it did not relate to the murder case. The court reviewed the evidence admitted during the trial to determine if it was appropriate. Normally, evidence of other crimes is not allowed to prove that someone is guilty of the crime they are charged with. However, there are some exceptions to this rule. One exception is if the other crime is closely connected to the crime being charged, which can help to explain it better. In this case, the burglary and the murder were separate events that happened in different places and times. The burglary did not relate to the drug robbery that led to McGlory's murder. The trial court had allowed the burglary evidence in part to show a possible consciousness of guilt, or that Graham was trying to escape the legal consequences of his actions. The court explained that evidence of fleeing can sometimes be used to support the idea that someone is guilty, but they needed to be careful about how it is used. Despite admitting that the trial court made a mistake by allowing the burglary evidence, the court did not believe that this mistake had a significant impact on the jury's decision to convict Graham. The jury also heard strong evidence from two witnesses who testified that Graham confessed to the murder, along with other evidence connecting him to the crime. The judges concluded that the jury likely made their decision based on this solid evidence, and not just the burglary evidence. However, when it came to sentencing, the judges had doubts about whether the court would have given Graham the maximum sentence of life in prison if they hadn’t considered the burglary. Because of this, the court decided to send the case back to the District Court to determine a proper sentence without considering the improperly admitted evidence. Overall, while Graham's conviction remained in place, the judges recognized the need to reevaluate his sentence without the influence of the wrongful entry of evidence from the burglary case.

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F-2013-1129

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In OCCA case No. F-2013-1129, Aaron Mitchell Stigleman appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to reverse and remand the case for a new trial. One judge dissented. The case involves Aaron Stigleman, who shot and killed his mother in Elk City, Oklahoma, on February 13, 2013. At the time of the incident, he lived with his girlfriend and mother, both of whom had a history of drug use, specifically methamphetamine. Aaron was believed to be suffering from paranoia and hallucinations due to his drug use leading up to the shooting. Witnesses, including his girlfriend, testified that he accused them of trying to kill him before he shot his mother in the head. During his trial, Stigleman's attorneys failed to secure an expert witness to help argue that he was under the influence of methamphetamine and not in control of his actions at the time of the crime. They tried to get funding for an expert, but their requests were either late or not sufficiently justified. As a result, they could not present an argument related to his mental state or introduce expert testimony that could aid in the defense of insanity or diminished capacity. The court noted that Stigleman's behavior before, during, and after the incident indicated the possibility of a serious mental health issue caused by drug use, which warranted an expert’s evaluation. The silence of an expert on the mental health issues surrounding his drug use could have made a significant difference in the outcome. The court ruled that Stigleman’s attorneys did not adequately represent him by failing to present a complete defense. The decision emphasized that the right to present a complete defense is constitutionally guaranteed. Based on these findings, the court deemed it necessary to grant Stigleman a new trial to allow for proper evaluation of his mental state. While one judge expressed disagreement, arguing that the defense had not shown that the lack of expert testimony prejudiced Stigleman's case, the majority concluded that the claims and evidence presented merited a reversal and a new opportunity for a fair trial.

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F-2013-1199

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In OCCA case No. F-2013-1199, Gene Douglas Graham appealed his conviction for lewd molestation. In a published decision, the court decided to reverse his conviction and order a new trial. One judge dissented. Gene Douglas Graham was found guilty by a jury for lewd molestation, which is against the law. The jury decided that he should spend twenty-five years in prison. However, the judge took some time off his sentence and said he would only have to serve thirteen years and pay a fine. During the trial, Gene's arguments for appeal included that there wasn't enough evidence to prove he did something wrong, that he couldn't present a defense, and that he didn’t get a fair trial. Specifically, he said the judge made a mistake by not letting him talk about an eviction notice he received, which he thought was important to show that he knew about the accusations before he made a statement to the police. The court decided that the judge had made a mistake by not allowing Gene to talk about the eviction notice and that it was important for his defense. They believed that not being able to mention it could have affected the jury's decision. Even though the State had a strong case, the jury was still confused because they found him not guilty on two other counts related to the same victim. The judge also mentioned that talking about Gene's right to stay silent when the police questioned him was wrong and should not have happened. Gene’s lawyer didn’t object to this at the trial, so it complicated the case. However, since they found other problems, they reversed the conviction and decided he needed a new trial. In the end, the court agreed that Gene had not been treated fairly during his trial, leading them to reverse the decision and start over. This means they felt important evidence was wrongfully kept out and that he was not given a fair chance to defend himself.

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M 2013-0073

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In OCCA case No. M 2013-0073, Fredrick Bruce Knutson appealed his conviction for planning and zoning violations. In an unpublished decision, the court decided to reverse his conviction and remand the case with instructions to dismiss. One judge dissented. Fredrick Bruce Knutson was given four tickets for having signs that were too big according to local rules. He was fined by a municipal court judge for breaking these rules. Knutson argued that the rules were confusing and unfair because they did not clearly explain that they applied to his property, which was used for agriculture, not residential purposes. He also felt there was not enough proof that he really broke the rules since his land was not residential. Knutson pointed out that the city should not have punished him because the signs he had were allowed on agricultural land and because the rules did not say what residential meant. The court decided that the signs were put up in an area that was agricultural and that Knutson should not have been found guilty. Therefore, the court reversed the decision and said Knutson should not be punished for the signs he displayed.

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RE 2012-0601

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In OCCA case No. RE 2012-0601, Danyale Lamont McCollough appealed his conviction for the revocation of his suspended sentences. In a published decision, the court decided to reverse the revocation of his suspended sentences and remand for further proceedings. One judge dissented. Danyale McCollough had pleaded guilty to several charges over the years, which included possession of a firearm and robbery with a firearm. He was given suspended sentences, meaning he would not have to serve time in prison right away, but he had to follow certain rules. If he broke these rules, his suspended sentences could be revoked, and he could go to prison. Later, the State, which is the side that brings charges against people, said that McCollough had committed a new crime. This led to a hearing where a judge decided to revoke his suspended sentences. The judge used some evidence from a different trial to decide this, which McCollough argued was not fair. McCollough said it was wrong for the judge to use evidence from another case without proving it was final. The appeals court agreed with him. They said that the judge had made a mistake by not following the correct legal rules and taking evidence from another trial that was not about the same issues directly related to McCollough’s case. Because of this mistake, the court reversed the revocation of McCollough’s sentences and sent the case back for more review and another chance to prove if he had really violated his probation rules.

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F-2011-509

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In OCCA case No. F-2011-509, Mark Anthony Clayborne appealed his conviction for Perjury by Subornation and Allowing the Production of a False Exhibit. In an unpublished decision, the court decided to affirm the conviction for Perjury by Subornation but reversed the conviction for Allowing the Production of a False Exhibit. One judge dissented. Clayborne, a lawyer, represented a defendant accused of selling drugs. During the trial, he presented a video as evidence showing his client was in Mexico at the time of the alleged crime. However, a forensic video analyst testified that the date stamp on the video was altered. As a result, Clayborne was charged with subornation of perjury for allowing false evidence and for producing a false exhibit. Throughout his appeal, Clayborne raised several issues. He argued that the trial court made errors by improperly answering jury questions, violating his rights due to prosecutorial misconduct, and mishandling evidence. He also contended that certain jury instructions were incorrect, particularly a lack of clear mention of required knowledge of the false exhibit. The court ruled that while there was an error regarding jury instructions, it was not enough to require a reversal of the conviction for subornation of perjury because the outcome was still supported by strong evidence. However, they found that the trial court erred in how they handled the issues related to the false exhibit, leading to that conviction being overturned. The decision covered various claims of error including jury questions, prosecutorial misconduct during closing arguments, and evidence issues. Ultimately, the court decided to keep one conviction while reversing the other due to significant procedural concerns.

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F 2011-1045

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In OCCA case No. F 2011-1045, Joshua Paul Nosak appealed his conviction for first-degree manslaughter, leaving the scene of a fatal accident, driving without a driver's license, and assault with a dangerous weapon. In an unpublished decision, the court decided to affirm his convictions but ordered that the case be sent back to fix a mistake in the sentencing. One judge disagreed with the decision. Nosak was found guilty of serious crimes after a jury trial. The jury decided he was guilty of first-degree manslaughter for driving while impaired and also found him guilty of leaving the scene of an accident after someone died. He was sentenced to a total of 50 years in prison for the manslaughter charge and received additional time and fines for the other offenses. Nosak's appeal raised several arguments. First, he believed that the court should not have allowed a specific charge against him because the underlying misdemeanor wasn't strong enough to support the manslaughter charge. However, the court found that this didn't really hurt his case because the jury found him guilty on other grounds. Second, Nosak argued that the court allowed bad evidence to be presented, which shouldn't have been allowed. The court found that he didn't object to this during the trial, so they couldn’t rule on it unless it was obviously wrong and affected his rights, which they determined it did not. Third, he claimed that he didn’t get good help from his lawyer. However, the court said that because the evidence against him was very strong, he could not show that he was harmed by any mistakes made by his attorney. The fourth point was about correcting mistakes in the court's decision regarding his punishment. The court accepted that there were errors in the sentencing order and decided to send the case back to fix them. Finally, Nosak argued that the many errors combined made it impossible for him to have a fair trial. But the court found that there were no individual mistakes that were serious enough to change the trial's outcome. In conclusion, the decision meant that while Nosak's convictions were upheld, the court would correct the sentencing mistakes before finalizing the case. One judge disagreed with this conclusion, but the others agreed with the majority opinion.

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F 2010-1128

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In OCCA case No. F 2010-1128, Chad Allen Turner appealed his conviction for conspiracy to manufacture a controlled dangerous substance (methamphetamine) and conspiracy to traffic a controlled dangerous substance (methamphetamine). In an unpublished decision, the court decided to reverse the conviction for conspiracy to manufacture and affirm the conviction for conspiracy to traffic. One judge dissented. Chad Allen Turner was found guilty of two crimes involving methamphetamine. He was given two years in prison for one crime and fifteen years for the other, and he was ordered to serve these sentences one after the other. Turner believed his convictions were not fair for several reasons. He argued that there was not enough evidence to prove he was guilty of conspiracy to traffic methamphetamine. He also claimed that the prosecutors did not properly show how they handled the evidence of the drugs. Additionally, he felt the prosecutors did not tell the jury about any deals made with witnesses and made mistakes during their closing arguments that hurt his chance for a fair trial. Turner raised several other points about why he thought he should not have been convicted. He argued that he was punished twice for the same crime and that he didn’t get enough notice about the charges against him. He also believed he should have been given instructions about a lesser charge related to the crime. He felt that the court made mistakes during the trial that made it hard for him to get a fair outcome. After looking at all the facts and arguments presented, the court decided that there wasn’t enough proof to uphold one of the conspiracy charges against Turner. They agreed with his argument that there was only one conspiracy agreement, which made it unfair to convict him of both conspiracy charges. Therefore, the court reversed the conviction linked to that charge. However, the court found that there was enough evidence for the conspiracy to traffic charge, and they affirmed that conviction. In the end, the court told Turner that one of the charges against him was overturned and the other charge stood. The dissenting judge had a different opinion about some parts of the decision. In summary, the court agreed to reverse one of Turner's convictions but kept the other, affecting the total time he would spend in prison.

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F 2010-1191

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In OCCA case No. F 2010-1191, Mark A. Sanders appealed his conviction for possession of a controlled dangerous substance and carrying a weapon. In a published decision, the court decided to reverse and remand for further proceedings. One judge dissented.

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F-2011-70

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In OCCA case No. F-2011-70, Christopher Stinson, Sr. appealed his conviction for First Degree Felony Murder, First Degree Arson, and Manufacturing Controlled Dangerous Substance. In a published decision, the court decided to affirm the judgment and sentence on the Felony Murder charge and reverse the Manufacturing charge, stating it should be dismissed due to double jeopardy concerns. One judge dissented.

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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-2009-1110

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In OCCA case No. F-2009-1110, Twilia Renae Wise appealed her conviction for First Degree Felony Murder. In an unpublished decision, the court decided to reverse her Judgment and Sentence and remand the case for a new trial based on the claim of ineffective assistance of counsel. One judge dissented, believing that the case should not be remanded for a new trial without further review.

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F-2009-335

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In OCCA case No. F-2009-335, Jermaine Darnell Jeffery appealed his conviction for First Degree Felony Murder and other charges. In an unpublished decision, the court decided to reverse the conviction for Shooting With Intent to Kill and affirmed the other convictions. One judge dissented. Jermaine was found guilty of several serious crimes related to a shooting incident. During the trial, the jury decided on punishments for his actions, including life in prison for murder. Jermaine argued that there wasn't enough proof to connect his shooting with the death of the victim and that he was punished unfairly for the same crime more than once, which is known as double jeopardy. He also claimed that his rights were violated when the court allowed evidence about his silence after being arrested and that hearsay statements from other witnesses should not have been allowed. Jermaine felt he did not get a fair trial because the prosecutor talked about things not proven in court and that his punishment was too harsh. Additionally, he argued that his lawyer did not do a good job by not pointing out mistakes during the trial. The court reviewed all the evidence and arguments. They agreed that there was enough proof for the murder charge but recognized a mistake in charging Jermaine with both murder and the shooting he did, leading to the reversal of that specific charge. The court found that some errors did happen, but most were not serious enough to change the outcome of the trial. In the end, they upheld the punishments for the other crimes while agreeing to dismiss the shooting conviction.

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F-2008-329

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In OCCA case No. F-2008-329, the appellant appealed his conviction for Trafficking in Illegal Drugs, Possession of Controlled Substance, Possession of Drug Paraphernalia, and Driving a Motor Vehicle while Under the Influence of Alcohol and Drugs. In an unpublished decision, the court decided that because there was no record showing that the appellant waived his right to a jury trial, his conviction must be overturned and he is entitled to a new trial. One judge dissented.

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F-2008-214

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In OCCA case No. F-2008-214, Joe Lee Birmingham appealed his conviction for three counts of lewd and indecent acts with a child under sixteen. In an unpublished decision, the court decided to modify his sentences to four years imprisonment in each count, to be served concurrently, and as modified, the decision was affirmed. One judge dissented. Joe Lee Birmingham was found guilty by a jury of three counts of lewd acts against a child in the District Court of Oklahoma County. He was sentenced to four years for each count, and the sentences were to be served back-to-back. Birmingham had raised several arguments in his appeal, saying his trial was unfair because important evidence was not allowed, his lawyer didn’t help him properly, and other issues with the trial and sentencing. First, he argued that the judge would not let him show he had a medical condition called ALS, which he thought was important for his defense. However, the court concluded that this evidence did not really change the situation since he admitted to touching the girl, even if he said it wasn’t inappropriate. Next, Birmingham claimed his lawyer made many mistakes that hurt his case, but the court found that the mistakes did not likely change the trial's outcome. He also said that the proof his actions were wrong wasn’t good enough, but the court disagreed, stating that the evidence was sufficient for the jury to reach a conclusion. Birmingham’s complaints about not getting the right jury instructions were found to be invalid, as he did not raise them during the trial. Regarding the idea that changing one of the charges after the state had presented its evidence was incorrect, the court found it was done properly. Birmingham said the prosecutor behaved badly during the trial, but the court believed the comments made were just pointing out reasonable conclusions from evidence. His argument about the length of his sentences being too harsh was also denied. The court even said they believed he should serve his sentences concurrently, rather than back-to-back, because of his health issues. Overall, the court felt that the trial was fair, and even if there were some minor issues, they did not believe they negatively affected the outcome much. Thus, they decided his sentences would be adjusted to only four years overall for his actions, instead of having to serve each count one after the other.

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F-2007-987

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In OCCA case No. F-2007-987, Tony Brown appealed his conviction for Second Degree Burglary and Attempted Larceny of a Motor Vehicle. In an unpublished decision, the court decided to reverse his convictions and remand for a new trial. One judge dissented. Tony Brown was found guilty of breaking into a building and trying to steal a car. He was given a total sentence of 17 years in prison along with a $1,000 fine. Brown believed that he was not given a fair trial for several reasons. He said that the jury should have been told about a simpler crime related to the burglary and that there wasn’t enough evidence to support the charge of attempted car theft. Brown also argued that a witness shouldn’t have been allowed to testify because it hurt his case. Additionally, he claimed that his lawyer didn’t do a good job defending him and that the prosecutor did things that were unfair. After looking at everything, the court found that Brown should have been given information about the simpler crime of unlawful entry, and that the jury should have considered that first. They also felt that the testimony from a detective saying Brown was lying was too much and unfairly harmed his chance to have a fair trial. Because of these issues, the court decided to reverse Brown’s convictions and send the case back for a new trial, where he could have a chance to present his defense properly.

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