Robbery with a Firearm Archives - Page 2 of 2

F-2005-597

Post author:Staff
Post published:July 6, 2006
Post category:F

In OCCA case No. F-2005-597, Keandre Lee Sanders appealed his conviction for robbery with a firearm, shooting with intent to kill, and possession of a firearm after a felony conviction. In an unpublished decision, the court decided to affirm the judgments but modified the sentences for the robbery and shooting charges. One judge dissented. Here’s a simple summary of what happened: Keandre Lee Sanders was found guilty by a jury of three serious crimes. He was sentenced to a total of 60 years after the jury decided how long he should go to prison for each crime. He thought the trial went unfairly and wanted to change his sentence. He had three main reasons for his appeal: 1. He asked the judge to delay the trial because he found new evidence that might help him. His lawyer thought there was a witness who could help, but the judge said no to delaying. The court believed waiting wouldn’t help because the witness was not cooperating. The court looked at everything and decided the lawyer did their best, so they did not grant this appeal point. 2. He believed that the charge of having a gun should not count separately from the other two charges, arguing that they were connected. The court found that having the gun was a separate act from the robbery and the shooting, so they denied this appeal as well. 3. The last point he made was that the jury was not told he would have to serve a certain amount of time before he could be considered for parole. After some review, the court agreed that he should have been told this but decided it was not enough to change his convictions. They did, however, change his sentences, reducing them from fifteen years to twelve years for the robbery charge and from forty years to thirty years for the shooting charge. The sentence for the firearm possession remained the same. The final decision was that while the court agreed with the convictions, they made changes to the length of two sentences. The court issued its order to finalize the decision after they filed their ruling.

F-2004-1226

Post author:Staff
Post published:May 1, 2006
Post category:F

In OCCA case No. F-2004-1226, Anthony Jerome Johnson appealed his conviction for multiple crimes, including felony eluding an officer, obstructing an officer, and robbery with a firearm. In a published decision, the court decided to affirm his convictions for eluding an officer and robbery with a firearm, but reversed the conviction for obstructing an officer, with instructions to dismiss that charge. One judge dissented regarding the reversal of the obstruction charge. The case stemmed from an incident where Johnson carjacked a woman’s car and fled from police after they initiated a traffic stop. During his escape, he ran numerous stop signs and caused danger to others on the road. Following a high-speed chase, he crashed the car and then ran on foot, trying to evade capture from arresting officers. At trial, Johnson was found guilty and sentenced to several years in prison as well as a fine for the offenses committed. On appeal, he argued four points. First, he claimed that the charges against him violated protections against double jeopardy, stating that the actions he took should not be counted as separate crimes since they arose from one act of fleeing. Second, he contended that evidence for felony eluding was not sufficient, suggesting the situation warranted a lesser charge. Third, he asserted that there was insufficient evidence for the armed robbery conviction. Lastly, he believed inconsistencies in the victim’s testimony supported reducing his sentence. The court, after reviewing the case thoroughly, determined that the convictions and sentences for eluding and robbery were valid. The court found sufficient evidence supporting these convictions, including testimony from eyewitnesses and evidence that directly linked Johnson to the robbery. However, they agreed with Johnson's argument regarding the obstructing charge, concluding both his car and foot chases should be treated as one continuous act of fleeing, therefore only allowing the conviction for eluding. In the end, the court affirmed the convictions for eluding an officer and robbery but instructed that the obstruction charge be dismissed. The dissenting opinion expressed a different view on the obstruction charge, arguing that Johnson's actions could be considered separate acts deserving of distinct charges.

F-2004-691

Post author:Staff
Post published:February 2, 2006
Post category:F

In OCCA case No. F-2004-691, Cleon Christopher Johnson appealed his conviction for multiple crimes including third-degree arson, robbery with a firearm, accessory after the fact to shooting with intent to kill, and possession of a stolen vehicle. In a published decision, the court decided to reverse the conviction for third-degree arson, but affirmed the convictions for the other charges. One judge dissented regarding the reversal of the arson conviction. Johnson was charged with serious crimes in Tulsa County and was found guilty by a jury. They gave him a total of 89 years in prison for his actions. On appeal, Johnson argued that there was not enough evidence for the arson conviction, that the robbery charge was not proven, and that there was misconduct during the trial. The court agreed with Johnson that there wasn't enough evidence to prove he committed arson, as the value of the property burned was not established. They stated that to prove third-degree arson, it's necessary to show the value of the property was at least $50. Since there was no proof of this value, that specific conviction was overturned. However, they found that there was enough evidence to support the robbery conviction. The jury was able to conclude that Johnson played an important role in that crime. On the point of prosecutorial misconduct, the court mentioned that Johnson's attorney did not object at trial, which limited their review. The comments made during the trial were not serious enough to be considered a significant error. So, the final decision was to reverse the third-degree arson conviction and send it back for dismissal, while upholding the other convictions against Johnson. One judge thought that the evidence was strong enough to support the arson conviction and disagreed with the reversal.

F-2004-1271

Post author:Staff
Post published:January 11, 2006
Post category:F

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

C-2003-1382

Post author:Staff
Post published:December 3, 2004
Post category:C

In OCCA case No. C-2003-1382, Ronyell Lamar Shelton appealed his conviction for multiple crimes including Conspiracy to Commit a Felony, Robbery with a Firearm, Knowingly Concealing Stolen Property, and Unlawful Possession of a Firearm. In a published decision, the court decided to affirm the convictions for conspiracy, robbery, and unlawful possession of a firearm but reversed the conviction for one count of concealing stolen property, allowing Shelton to withdraw his plea for another count of this crime. One judge dissented regarding the reversal of the concealing stolen property charges, stating that both charges were valid.

C-2001-341

Post author:Staff
Post published:January 16, 2002
Post category:C

In OCCA case No. C-2001-341, Terrell Dwayne Gurley appealed his conviction for multiple crimes, including robbery with a firearm, kidnapping, burglary, larceny of an automobile, possession of a firearm after felony conviction, forcible entry, and attempting to intimidate a witness. In a published decision, the court decided to reverse Gurley's conviction for one of the charges, burglary in the first degree, and ordered that this count be dismissed. The court upheld the remaining convictions and found Gurley's sentences were not excessive. One judge dissented, arguing that the laws applied in the case should be reconsidered regarding the relationship between the crimes committed.