In OCCA case No. F-2015-194, Jarrod Demar Mansker appealed his conviction for Domestic Assault and Battery, Second Offense, after two or more felonies. In an unpublished decision, the court decided to affirm Mansker's conviction but remand the case for resentencing to consider his request for credit for time served. One judge dissented.
In OCCA case No. S-2014-786, the State of Oklahoma appealed the conviction of Douglas Raymond Norwood for misdemeanor possession of marijuana. In an unpublished decision, the court decided to affirm the lower court's ruling, which dismissed the felony charge that the State had brought against him. The court also accepted Norwood's guilty plea for the misdemeanor charge. One judge dissented. The case began when the State charged Norwood with felony possession of marijuana because he had three prior convictions related to drug offenses. Norwood argued that because his past convictions were not from the specific law under which the State was trying to charge him this time, his current charge should be treated as a misdemeanor instead of a felony. The trial court agreed with Norwood and dismissed the felony charge, allowing him to plead guilty to the lesser charge. The State then appealed, but the court explained that its ability to appeal was limited by law. They could only do so in specific situations, one of which is if there has been a dismissal that prevents further prosecution. The court indicated that the trial court had correctly dismissed the felony charge because the law only allows such enhancements to felony charges when a person has previous convictions specifically under that law. The court referred to a similar earlier case, showing that they had already decided against the State in a comparable situation. They reaffirmed that in order to enhance a charge to a felony, the previous convictions must originate from the same specific law, which was not the case for Norwood. In conclusion, the court upheld the decision of the lower court to dismiss the felony charge and accepted Norwood's guilty plea for misdemeanor possession. Thus, the appeal was rejected, and the original ruling was confirmed, with one judge explaining why he disagreed with the outcome.
In OCCA case No. RE-2012-590, Todd Aaron Henderson appealed his conviction for Driving Under the Influence of Alcohol. In a published decision, the court decided to reverse and remand the case back to the District Court of Tulsa County with instructions to vacate the order revoking Henderson's suspended sentence and dismiss the State's application to revoke. No judge dissented. Henderson had first entered a guilty plea for Driving Under the Influence in 2009, and his sentence was put on hold while he completed a drug court program. After successfully finishing the program in January 2011, his charge was changed to a misdemeanor, and he was given a one-year suspended sentence. However, in January 2012, he was stopped by police and faced new charges, including a second DUI. Following these new charges, the State requested to revoke his suspended sentence. In June 2012, the court revoked Henderson's suspended sentence based on the new charges. On appeal, Henderson argued that the court did not have the authority to revoke his sentence because the State filed the application for revocation one day after his sentence had completed. The State agreed with Henderson, stating that the trial court lacked jurisdiction to revoke the sentence since the request was submitted after the completion of the suspended sentence. The court ruled in favor of Henderson, reversing the revocation, and ordered the case to be remanded with instructions to dismiss the State's application to revoke his sentence.
In OCCA case No. RE-2006-180, the appellant appealed his conviction for revocation of his suspended sentence. In a published decision, the court decided in part to grant the appeal, allowing credit for thirty days previously served, but denied the rest of the appeal concerning time served in county jail during the revocation proceedings. One judge dissented. The case involved Raynard Emory Dinkins, who had received a suspended sentence after pleading guilty to Unlawful Possession of Marijuana. Over time, Dinkins faced various legal issues, including an application to revoke his suspended sentence due to numerous probation violations. A judge found that he had violated several rules during his probation, leading to a revocation of his suspended sentence. The court noted that Dinkins had been in jail before his revocation hearing but did not grant him credit for that time, arguing that it was because he had trouble working with his attorneys. Dinkins contested this, claiming he should receive credit for the time he served while awaiting the hearing. The court agreed that he should receive credit for an earlier thirty-day jail term related to his probation. In the end, the court found that while Dinkins was entitled to some credit for time served, it was within the judge's discretion not to grant him credit for the later time spent in jail. Therefore, the appeal was partially granted to correct the credit issue, while other claims were denied.
In OCCA case No. F-2001-1061, Gibbs appealed his conviction for Driving Under the Influence of Intoxicating Liquor, Second or Subsequent Offense. In an unpublished decision, the court decided to affirm the conviction but modify the sentence to eight years in prison. One judge dissented. Gibbs was found guilty by a jury and sentenced to ten years, along with a fine and recommended counseling. Gibbs argued that the evidence against him wasn't enough to convict him. However, the court found the evidence sufficient to support the conviction. Gibbs' defense claimed he wasn’t driving under the influence; he said his car’s accelerator stuck and that someone gave him a ride home. He also stated that his sister saw him drinking at home. The prosecutor, during the trial, made errors when questioning Gibbs about the burden of proof and his rights. Even though there were issues with the prosecutor's comments, the court believed these mistakes did not greatly affect the overall outcome of the case. While the conviction remained, the court decided to lessen Gibbs' sentence due to the errors noted during the trial.