Rule 3.15

F-2006-538

  • Post author:
  • Post category:F

In OCCA case No. F-2006-538, Manh Micahel Mach appealed his conviction for several drug-related offenses. In an unpublished decision, the court decided to reverse three of the convictions and affirmed the others. One member of the court dissented. Mach faced multiple charges, including unlawful possession of cocaine, methamphetamine, and marijuana with the intent to distribute, as well as failure to obtain a drug tax stamp, unlawful use of surveillance equipment, and possession of a firearm during a felony. He was sentenced to numerous years in prison and fines, with all sentences to be served one after the other. The court looked at several issues raised by Mach. First, they confirmed that he had waived his right to a jury trial knowingly. They also found that the police had reasonable suspicion to stop him, which led to a lawful search of his car after he consented. However, Mach's convictions for possessing cocaine, methamphetamine, and marijuana with the intent to distribute were seen as overlapping offenses. He was found guilty of only one violation for possessing these drugs for distribution, meaning the court reversed two of those drug convictions. The court also agreed with Mach that he was wrongly convicted for failing to obtain a tax stamp because there was no evidence presented about this charge. Thus, that conviction was reversed and dismissed. The evidence showed that Mach was guilty of using surveillance equipment to avoid police detection while selling drugs, so that conviction was affirmed. The court held that Mach's overall sentence was not excessive and within legal limits, leading to the conclusion that other convictions must remain as is. In summary, the court reversed and dismissed some convictions while affirming others based on their findings regarding the lawfulness of the search, evidence presented, and the nature of the offenses.

Continue ReadingF-2006-538

C-2005-524

  • Post author:
  • Post category:C

In OCCA case No. C-2005-524, Robert Scott Pebbles appealed his conviction for First Degree Rape. In a published decision, the court decided to grant his appeal and allow him to withdraw his guilty plea. One judge dissented. Pebbles had pled guilty to the charge as part of a plea agreement and was given a five-year suspended sentence. However, he later claimed that his attorney pressured him into pleading guilty. He stated that he did not understand the requirements of his probation and was misled about the possible consequences of his plea, including a misunderstanding of the maximum punishment for his crime. During a hearing about his motion to withdraw the plea, Pebbles testified that his attorney had told him he could face the death penalty for the rape charge. The court found that the plea was not entered knowingly or voluntarily because Pebbles had been misadvised about the range of punishment. The U.S. Supreme Court had ruled that the death penalty for rape was unconstitutional, which means Pebbles could not face such a punishment. The court reviewed affidavits from attorneys involved in the case that supported Pebbles' claim of being misadvised. The Attorney General acknowledged Pebbles was indeed not eligible for the death penalty for rape. As a result of these findings, the court decided that Pebbles' guilty plea should be withdrawn. The case was sent back to the lower court for further proceedings.

Continue ReadingC-2005-524

J-2005-1078

  • Post author:
  • Post category:J

In OCCA case No. J-2005-1078, the appellant appealed his conviction for First Degree Rape. In a published decision, the court decided to reverse the order that sentenced the appellant as an adult and directed that he be treated as a youthful offender in the event of a conviction. No judge dissented. The case began when the appellant was charged as a youthful offender on September 23, 2004. After a request to be treated as a juvenile was denied, the state filed a motion to sentence the appellant as an adult. This motion led to a trial that was scheduled for September 12, 2005. However, just before the trial started, the state asked to cancel the trial and have a hearing on the motion to sentence him as an adult, which was scheduled for October 12, 2005. During the appeal, the appellant raised three main issues. He argued that the delays in bringing the charges against him were unfair and that the case should be dismissed. He also claimed that the state could not pursue adult sentencing because the trial had already begun before the hearing, and lastly, he said there wasn't enough evidence to show he couldn't be helped through the juvenile system. The court looked closely at the timing of when the trial started and when the hearing to sentence him as an adult happened. They determined that the trial had indeed started when jury selection began, and the law required that the hearing on the adult sentencing motion should have happened before the trial began. Since it did not, the court found that the district court made a mistake by allowing the state to strike the trial after jury selection had started and then proceed with the sentencing hearing. As a result, the order to sentence the appellant as an adult was reversed, and the case was sent back to the district court with instructions to treat the appellant as a youthful offender if he were to be convicted.

Continue ReadingJ-2005-1078

C-2005-120

  • Post author:
  • Post category:C

In OCCA case No. C-2005-120, Charles Hackney McBride appealed his conviction for Manufacturing a Controlled Dangerous Substance and Unlawful Possession of Marijuana. In a published decision, the court decided to grant McBride's request and remand the case for a hearing on his motion to withdraw his guilty plea. One judge dissented. McBride had entered a guilty plea to the charges in January 2004 and was placed in a rehabilitation program. After completing the program, he was sentenced in January 2005 to life imprisonment for manufacturing the controlled substance and one year in the county jail for marijuana possession. Eight days after his sentencing, McBride sought to withdraw his guilty plea, claiming his sentence was too harsh and he had not waived his right to a hearing. However, the district court denied his motion without holding a hearing, which was mandatory according to court rules. The appeals court acknowledged that McBride was entitled to this hearing to ensure proper procedures were followed. Therefore, the court decided to require the district court to hold an evidentiary hearing on McBride's application to withdraw his plea, allowing him another chance to defend his claims.

Continue ReadingC-2005-120

C-2004-1018

  • Post author:
  • Post category:C

In OCCA case No. C-2004-1018, Eric Poe appealed his conviction for Assault and Battery upon a Police Officer and Public Intoxication. In an unpublished decision, the court decided to allow Poe to withdraw his plea due to newly discovered evidence. One judge dissented, arguing that Poe was aware of the evidence before entering his plea.

Continue ReadingC-2004-1018