Sentence

F-2003-1316

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In OCCA case No. F-2003-1316, Jason Van Dusen appealed his conviction for Rape by Instrumentation and First Degree Rape. In a published decision, the court decided to affirm the judgments but modify the sentences to thirty years of imprisonment for each count, to be served one after the other. One judge dissented. Van Dusen was found guilty in Blaine County after a trial. The jury decided on the sentences based on what they heard during the trial. Van Dusen raised concerns about not having a fair sentencing because information was given about parole and the length of the sentences. He also claimed that the prosecutor acted in a way that was unfair, which made his trial not just. The court looked carefully at everything from the trial and the arguments made by both sides. They agreed that the prosecutor should not have mentioned parole in the closing arguments, which is why they decided to change Van Dusen's sentences from seventy-five years to thirty years for each count, making the total time to be sixty years. The judges felt that this was a fair adjustment, considering the improper comments made during the trial.

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F 2003-1078

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In OCCA case No. F 2003-1078, Joseph Lee Rick Knight appealed his conviction for endeavoring to manufacture a controlled dangerous substance (methamphetamine). In an unpublished decision, the court decided to affirm the conviction and sentence. However, it ordered a remand to the District Court of Creek County to vacate certain costs associated with the charges for which Knight was acquitted or not prosecuted. One judge dissented. Joseph Knight was found guilty after a bench trial, which means there was no jury, and the judge made the decision. The trial took place over several days, and Knight was sentenced to twenty years in prison, with nine years to be served and the rest suspended. Knight argued four main points in his appeal. First, he said that his arrest and the search of his home were not done lawfully. The court disagreed, stating that the search was allowed because Knight's wife gave permission, meaning the police did not need a warrant. Secondly, Knight claimed that he did not truly understand what it meant to give up his right to a jury trial. The court found that he had given up this right knowingly, so this point was also denied. The third point Knight made was that he could not cross-examine his co-defendant, whose statements were used against him. The court decided this was not a problem because the judge said those statements would only be considered for the co-defendant. Lastly, Knight believed that his sentence was too harsh. The court said the sentence was appropriate based on the laws and did not seem unfair. In summary, the court upheld Knight's conviction and kept his sentence the same but ordered some of the costs to be canceled because he was not convicted on all charges.

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M-2003-495

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In OCCA case No. M-2003-495, a person appealed his conviction for Assault and Battery. In a published decision, the court decided to affirm the conviction but noted that there was a mistake in calculating the court costs. The appellant claimed that the court costs were too high and asked to have them changed. The state agreed that an error was made in the amount of costs. The court ordered that the case be sent back to the District Court to fix the court costs. The appellant also argued that the prosecutor did things that were unfair during the trial, but the court found no reasons to change the verdict since there weren’t any objections during the trial. Therefore, the judgment and sentence were upheld.

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F 2002-1035

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In OCCA case No. F 2002-1035, Russell DeWayne Dykes appealed his conviction for Assault and Battery on a Police Officer, Possession of a Controlled Dangerous Substance (Methamphetamine), and Possession of a Controlled Dangerous Substance without a Tax Stamp Affixed. In an unpublished decision, the court decided to affirm the convictions but modify some of the sentences. One judge dissented. Dykes was found guilty after a bench trial. The trial was held before a judge who decided his fate. Dykes received six years of imprisonment for each of the three counts. These sentences were supposed to run at the same time. Dykes argued several issues in his appeal. First, he said that the evidence against him wasn't handled properly, which made it less reliable, and that he did not get a fair trial because of that. Second, he claimed that the evidence presented by the State did not clearly show that he had the controlled substance, meaning he shouldn’t have been convicted for that crime. Third, Dykes believed that the judge gave him sentences that were longer than the law allowed. He asked for the sentences to be changed or at least reduced. He also thought the judge should have lowered his sentence based on what was said during an earlier part of the trial. Lastly, he argued that the combined effect of all these issues led to an unfair trial. After looking closely at all of Dykes' claims and the court documents, the judges decided that Dykes did not have a strong enough argument about the chain of evidence. They believed that even though Dykes raised questions about how the evidence was handled, there was still enough proof for a reasonable person to believe he was guilty. The court also agreed that although the sentences were initially longer than what was allowed, the errors could be fixed. They decided to lower the sentences: for the assault charge, Dykes would serve five years instead of six, and for the possession charge without a tax stamp, the court changed it to two years. In conclusion, the court affirmed that Dykes was guilty and solidified the evidence used, but they modified two of his sentences to fit what the law allowed.

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C-2003-858

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In OCCA case No. C-2003-858, Esther Servin appealed her conviction for Child Neglect. In a published decision, the court decided to grant her petition to withdraw her guilty plea based on the interests of justice. One judge dissented. Servin had pled guilty to two counts of Child Neglect, which means she was charged with not taking care of her child. A judge sentenced her to a long time in prison—37 years for one count and 10 years for the other. This punishment would mean she had to serve those two sentences one after the other, making a total of 47 years. After the sentencing, Servin tried to take back her guilty plea because she thought she didn’t understand what was happening during her trial. Her request was denied at first, but later, the court allowed her to appeal. In her appeal, Servin said two main things: First, she believed she didn’t enter her guilty plea in a way that was fair and understood. Second, she thought her lawyer did not help her well enough. The court looked at all the information, including the questions asked in court and the answers Servin gave. They concluded that it was right to let her withdraw her plea because it would be fair to do so. The dissenting judge disagreed. This judge believed that Servin’s plea was valid and that everything in court was handled well. The dissenting judge thought the sentence, even though it was long, should be kept as is because Servin had made her choices and understood her situation at the time. In summary, the court allowed Servin to withdraw her guilty plea based on fairness, while one judge felt the original plea should stand.

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F 2001-1497

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In OCCA case No. F 2001-1497, Michael Keith Brock appealed his conviction for multiple drug-related offenses. In a published decision, the court decided to reverse his conviction for one count but affirmed the convictions for the other counts. One judge dissented. Michael Brock was found guilty after a jury trial on several counts including manufacturing methamphetamine and trafficking illegal drugs. The court sentenced him to a total of 40 years in prison and fines totaling $185,000. He appealed the decision, raising multiple issues regarding the legality of his search and seizure, his treatment in court, and the sufficiency of the evidence against him. The court reviewed several arguments from Brock. He claimed that the search was unreasonable and violated his rights, and he argued that he should not have been brought before the jury in jail clothes. He also contended that the affidavit for the search warrant did not give enough reason for the police to search him and that the search of a person not named in the warrant was illegal. The court found that Brock did not properly object to many of the issues he raised during the trial. It ruled that the search and seizure were valid and did not violate his rights. They determined that wearing jail clothing did not prejudice him during his trial. While the court agreed that one of the charges—possession of a precursor substance—was incorrectly charged and reversed that conviction, they upheld the remaining convictions. Ultimately, the decision led to the reversal of one count against Michael Brock while affirming the rest of his convictions.

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F-2002-356

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In OCCA case No. F-2002-356, Heidi Renee Pitt appealed her conviction for Unlawful Possession of Methamphetamine. In an unpublished decision, the court decided to reverse her conviction. One judge dissented. Heidi Pitt was found guilty by a jury of having methamphetamine. The event took place in Pushmataha County, where she had been sentenced to two years in prison, with the first six months to be served. However, she appealed this decision, arguing that there wasn't enough evidence to prove she was guilty beyond a reasonable doubt. During the trial, the state did not provide any proof that Heidi knew about the drugs or had control over them. The drugs were actually discovered when her co-defendant threw them on the ground during his arrest. Because there was no indication that Heidi had any knowledge of or control over the drugs, the court found that the evidence was not enough to support her conviction. After looking at all the evidence, the court decided that Heidi's conviction should be overturned and sent back to the lower court with instructions to dismiss the case. One judge disagreed and felt there was enough evidence to support Heidi's conviction.

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F 2001-668

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In OCCA case No. FT 2001-668, Richard James Cordon appealed his conviction for Second Degree Murder. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Richard Cordon was found guilty of Second Degree Murder after a trial. He was sentenced to fifteen years in prison. Cordon believed he did not get a fair trial because the court refused to give certain jury instructions. These instructions were about statements he made that could show he was innocent, as well as instructions on different types of manslaughter, voluntary intoxication, and self-defense using non-deadly force. After looking carefully at all the evidence and arguments, the court agreed that Cordon’s conviction should be reversed. They felt the trial court made a mistake by not allowing the jury to consider his exculpatory statement, which means a statement that could help prove he was not guilty. The court believed that if the jury had heard this statement, they might have decided Cordon was innocent. The court did not agree with all of Cordon's claims, particularly those about the other types of defenses and instructions he wanted, but they found that the lack of an instruction on his exculpatory statement influenced the trial's fairness. Therefore, the case was sent back for a new trial.

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RE 2001-1070

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In OCCA case No. RE 2001-1070, Billy Joe Baldwin appealed his conviction for Knowingly Concealing Stolen Property, Feloniously Pointing a Weapon, and Unauthorized Use of a Vehicle. In a published decision, the court decided to affirm the revocation of Baldwin's suspended sentences but modified the sentences to one year revoked with the remainder suspended, to run concurrently. One judge dissented.

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F 2001-873

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In OCCA case No. F 2001-873, Jerome Wade Hennesy appealed his conviction for Trafficking in a Controlled Dangerous Substance (Cocaine Base). In an unpublished decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. In this case, Jerome Wade Hennesy was found guilty of trafficking cocaine by a jury. The jury decided he should serve ten years in prison and pay a fine of $25,000. Hennesy appealed, arguing that the evidence used against him was not strong enough to prove his guilt and that there was unfair evidence related to other crimes. The court agreed with Hennesy on the second point about the unfair evidence, saying it was a serious mistake that affected the trial. The judges mentioned that since the evidence against him was mostly based on circumstances and not very strong, the mistake couldn't be ignored. They decided that Hennesy needed a new trial, so he could have a fair chance to defend himself. The judges noted that the first point about whether the evidence was sufficient to prove his guilt was no longer important because they were giving him a new trial based on the unfair evidence. They expected the state to have stronger evidence if Hennesy was tried again. So, they made the decision to reverse the previous judgment and order a new trial.

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F-2001-264

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In OCCA case No. F-2001-264, Gavin Lee Hawkins appealed his conviction for lewd molestation. In an unpublished decision, the court decided to affirm the conviction for one count and modify the sentence for the other count. One judge dissented. Gavin Lee Hawkins was found guilty of two counts of lewd molestation in Grady County. The jury sentenced him to serve ten years for the first count and twenty years for the second count, with both sentences to be served one after the other. Hawkins appealed, raising several issues he believed were errors that affected his trial. First, Hawkins argued that the prosecutor made a mistake during her closing arguments, which he thought was serious enough to affect the outcome of the case. The court agreed that the closing argument was improper and decided to change the twenty-year sentence for the second count to ten years. Next, Hawkins claimed that the trial court did not consider all the options when deciding his sentence. However, the court found no evidence that the trial court failed to do its job correctly in this regard. Hawkins also said he should have been allowed to call a witness named Bianca Thomas, but the court decided that the trial judge acted within reason when excluding her from testifying. Lastly, Hawkins felt that his lawyer did not help him properly during the trial. While the court agreed that his lawyer's performance was not up to standard, they concluded that it did not negatively impact Hawkins's case overall. Ultimately, the court affirmed the decision for the first count of lewd molestation and adjusted the sentence for the second count to ten years, while still keeping the sentence structure as ordered by the lower court.

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F-2000-998

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In OCCA case No. F-2000-998, Gene Doyle Smothermon appealed his conviction for Possession of Methamphetamine With Intent To Distribute. In an unpublished decision, the court decided to affirm the conviction while modifying the sentence to 30 years imprisonment. One judge dissented. Gene Doyle Smothermon was found guilty of having methamphetamine and was sentenced to serve a long time in prison. The jury first suggested he should go to prison for 75 years, but the judge decided he would serve 30 years instead. Smothermon appealed because he believed there were many mistakes made during his trial. Smothermon raised several issues during his appeal: 1. He argued that some evidence used in the trial was unfair and weak. 2. He said the trial court should have allowed his investigator to testify, claiming this took away his right to present his defense. 3. He felt the evidence against him was not strong enough to prove he was guilty. 4. He claimed the prosecutor made improper statements during the trial. 5. He thought his punishment was too harsh. 6. He believed that many errors added up to cause unfairness in his case. 7. Lastly, he asked the court to fix mistakes in the records about his guilty pleas for less serious charges. The court carefully looked over all the information from the trial, including evidence and arguments. They found that the trial did not make serious mistakes. They agreed that the evidence, including a dog alerting to drugs found in Smothermon's car, was relevant and did connect him to the case. They also ruled that not allowing the defense investigator to testify was reasonable since the investigator was disclosed too late in the trial process. They noted that while the prosecutor made some mistakes in his closing arguments, they were not serious enough to make the trial unfair. The most important point was that the judge was right to lower the original sentence from 75 years to 30 years, which they believed was more appropriate for the crime. In the end, the court confirmed Smothermon's conviction and changed his sentence to 30 years. They also decided that the trial court should correct the records to show the true details of his guilty plea for lesser charges. One judge did not agree with this decision.

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M-2000-1482

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In OCCA case No. M-2000-1482, the appellant appealed his conviction for unlawful transportation of an opened container of alcoholic beverage. In a published decision, the court decided to reverse the conviction and remand the case with instructions to dismiss. One judge dissented. The appellant was found guilty by a jury in Beckham County, where he was sentenced to six months in the county jail and had to pay more than $1,000 in court costs and fees. The case went through an accelerated process because of its nature. The main issue in the appeal was whether there was enough evidence to support the conviction. The appellant argued that the evidence did not show he had transported an opened alcoholic beverage on a public roadway, street, or alley as required by law. After reviewing the evidence and the details of the case, the court agreed with the appellant and found that there was indeed insufficient evidence to prove he had broken the law in this way. Thus, the higher court decided to reverse the original judgment and told the lower court to dismiss the case. The decision did not go without a disagreement; one judge believed that the conviction should stand.

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RE-2000-1566

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In OCCA case No. RE-2000-1566, the appellant appealed his conviction for unlawful possession and distribution of controlled drugs. In a published decision, the court decided to vacate the order that suspended the appellant's sentences and remanded the case for further proceedings. One judge dissented. The case began when the appellant was found guilty of possessing cocaine, methamphetamine, and distributing drugs to a minor. These offenses happened on January 30, 1994, and the appellant entered guilty pleas on March 27, 1995. As part of a plea agreement, the state recommended a fifteen-year sentence for each charge, which was to be served concurrently. The court accepted the pleas and suspended the sentences under probation conditions. In 1998, the state sought to revoke the suspended sentences because the appellant was allegedly found in possession of methamphetamine. During the revocation hearing, the judge ordered the sentences to be revoked in full based on the evidence presented. The appellant argued that the case should be sent back to the lower court, allowing him to withdraw his guilty plea, referencing a previous case for support. The court noted that the appellant had not previously disclosed several felony convictions before accepting his guilty plea, which raised questions about the validity of the initial suspended sentence. The court ruled that the suspensions were invalid due to legislative restrictions against suspending sentences for individuals with previous felony convictions. As a result, the court instructed the lower court to hold further proceedings consistent with the decision referenced in the previous case. Additionally, it was ordered that the appellant be given a chance to withdraw his guilty plea. If he chose to do so, the prior convictions would be vacated, allowing the state to prosecute him again if necessary. If he decided to keep the guilty plea, the sentences would be executed immediately, with credit given for the time already served. Ultimately, the court's decision led to the dismissal of remaining errors regarding the revocation orders, as they were deemed moot now that the suspension orders were vacated.

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F-2000-484

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In OCCA case No. F-2000-484, Sam Henry Watkins appealed his conviction for Endeavoring to Manufacture Methamphetamine. In an unpublished decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. Watkins was tried in a court without a jury and found guilty of trying to make methamphetamine. He was given a 20-year prison sentence. Watkins claimed that there were several mistakes made during his trial that should change the decision. He argued that: 1. He did not properly give up his right to have a jury trial. 2. The police illegally took evidence from him and questioned him. 3. Inappropriate evidence was used against him, which made his trial unfair. 4. He did not have good help from his lawyer. The court looked carefully at all these points and the entire situation. They concluded that Watkins did not show that he willingly gave up his right to a jury trial, which was important. The court noted that there was no proof that he understood what giving up that right meant. Therefore, this was a mistake. As for the evidence collected from Watkins, the court decided that it did not need to change the decision. The court found no error in the way the police handled the evidence during his detention. In the end, the court reversed Watkins's conviction and sent the case back for a new trial. This meant that he would get another chance to defend himself against the charges.

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F 2000-740

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In OCCA case No. F 2000-740, the appellant appealed his conviction for Attempted Escape. In a published decision, the court decided to affirm the conviction but modified the sentence from three and a half years to two years imprisonment. Two judges dissented regarding the sentence modification. The case involved the appellant trying to escape from a private prison that was not officially recognized as a penitentiary. The court determined that the appellant should have been charged under a specific law concerning attempted escapes from non-penitentiary facilities. After reviewing the case, the judges concluded that while the conviction was valid, the original sentence was excessive since the appropriate law related to his actions was different than what was originally applied.

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F-2000-671

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In OCCA case No. F-2000-671, Robert F. Barnes appealed his conviction for Maiming and Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the conviction for Maiming but reversed the conviction for Assault and Battery with a Dangerous Weapon, instructing the lower court to dismiss that charge. One justice dissented. The case began when Barnes was accused of injuring someone during a single event. The jury found him guilty of Maiming but decided on a lesser charge for the second count. Barnes received a punishment, which included jail time and fines, along with an order for restitution to the victim. When Barnes appealed, he raised several arguments. He claimed that he should not have been punished for both charges since they came from the same event. The court agreed, stating that it was against the law to punish someone multiple times for one crime, so they reversed the second charge. Barnes also argued that the jury should have been given instructions on lesser charges during the trial, but the court found that the evidence did not support this. Thus, the judge's decision was not seen as a mistake. Additionally, Barnes said that there was misconduct during the trial, but the court did not find this to be serious enough to change the original decision. Lastly, the court noted that there was not enough information in the records about the restitution order, so they couldn't decide if it should be adjusted. In summary, the court confirmed the guilt of Barnes for Maiming (Count I) but decided that he should not be punished for the second charge (Count II), which was reversed.

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F-1999-1465

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In OCCA case No. F-99-1465, Sean Michael Johnson appealed his conviction for First Degree Rape, Forcible Oral Sodomy, and Lewd Acts with a Child Under Sixteen. In a published decision, the court decided to modify Johnson's conviction for First Degree Rape to Second Degree Rape and reduce his sentence to five years. The judgments and sentences for the other counts were affirmed. One judge dissented, expressing concerns about the handling of juvenile procedures in this case.

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M-1999-569

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In OCCA case No. M 99-0569, the Appellant appealed his conviction for possession of drug paraphernalia. In a published decision, the court decided that there was insufficient evidence to support the conviction. Two judges dissented.

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M-2000-230

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In OCCA case No. M-2000-230, Frank Ford appealed his conviction for Domestic Abuse. In a published decision, the court decided to reverse the sentence and order that it be aligned with the jury's verdict. One judge dissented.

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