Sentencing Guidelines

F-2018-823

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**IN THE COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **UBALDO HERNANDEZ,** **Appellant,** **vs.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. F-2018-823** **FILED** **IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **JAN 30 2020** **JOHN D. HADDEN** **CLERK** **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** Appellant, Ubaldo Hernandez, was convicted by a jury in the Muskogee County District Court, Case No. CF-2016-608, of Child Sexual Abuse. On August 8, 2018, the Honorable Thomas H. Alford, District Judge, sentenced him to thirty years imprisonment, in accordance with the jury's recommendation. He must serve 85% of this sentence before parole consideration. (21 O.S.Supp.2015, § 13.1(14)). **Propositions of Error:** Appellant raises four propositions of error in support of his appeal: **PROPOSITION I:** Admission of other bad acts evidence prejudiced the jury and denied Mr. Hernandez a fair trial. **PROPOSITION II:** Mr. Hernandez was denied a fair trial due to prosecutorial misconduct. **PROPOSITION III:** Mr. Hernandez received ineffective assistance of counsel. **PROPOSITION IV:** The accumulation of errors deprived Mr. Hernandez of a fair proceeding. After thorough consideration of these propositions, the briefs of the parties, and the record on appeal, we affirm. **Case Overview:** Appellant was convicted of sexually abusing his daughter over several years. In Proposition I, he contends the trial court erred in admitting various references to other bad acts. Since there was no objection to most evidence presented, we review for plain error. The allegations arose years after the abuse began. The defense strategy involved questioning the victim's credibility due to her delay in reporting. The victim testified about Appellant's controlling nature, drinking, and family dynamics to explain this delay. The evidence cited by Appellant primarily relates to corroborative testimony from family members regarding Appellant's behavior, which aligns closely with the victim’s testimony. The trial court instructed the jury on the limited use of bad-acts evidence. Thus, admitting the accounts of Appellant's behavior did not constitute plain error. **Proposition II:** Appellant cites instances of prosecutorial misconduct. However, there were no objections to these comments, resulting in plain error review. His claims about comments diminishing the presumption of innocence are inadequately specified. The prosecutor’s efforts to rehabilitate a witness's credibility were not improper given the context of the defense's portrayal of her. In summary, there was no reasonable probability that the prosecutor's comments affected the trial's outcome. **Proposition III:** Appellant claims ineffective assistance of counsel on multiple grounds. To prevail, one must demonstrate both deficient performance and resulting prejudice. The claims related to ensuring a complete record and failing to object to alleged misconduct fail due to a lack of demonstrated prejudice impacting the trial's outcome. **Proposition IV:** Having reviewed the evidence, we find no accumulation of error which would warrant relief. **DECISION:** The Judgment and Sentence of the District Court of Muskogee County is AFFIRMED. **ORDERS:** Pursuant to Rule 3.15, the MANDATE is ORDERED issued upon the delivery and filing of this decision. **ATTORNEYS:** - **ANDREW HAYES,** Counsel for Defendant - **WYNDI THOMAS HOBBS,** Deputy Division Chief - **NALANI CHING,** Counsel for Appellee - **MIKE HUNTER,** Attorney General of Oklahoma **OPINION BY KUEHN, V.P.J.** **LEWIS, P.J.:** CONCUR **LUMPKIN, J.:** CONCUR IN RESULTS **HUDSON, J.:** CONCUR **ROWLAND, J.:** CONCUR [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-823_1735212863.pdf)

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F-2018-1188

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In this case summary, Alfonzo Lamonse Vineyard was convicted of multiple charges in the District Court of Tulsa County, including Assault and Battery with a Deadly Weapon, First Degree Burglary, Possession of a Firearm After Former Conviction of a Felony, and several counts of Obstructing an Officer, among others. The jury found Vineyard guilty on all counts except one (Assault and Battery), and the court subsequently sentenced him to life imprisonment on the more serious counts, with concurrent and consecutive terms for other counts. Vineyard's appeal raised five main issues: 1. **Waiver of Right to Counsel**: The court found that Vineyard’s waiver of his right to counsel was voluntary, knowing, and intelligent. He was adequately informed of the risks associated with self-representation. 2. **Right to Confrontation**: Vineyard argued that his right to confront witnesses was violated when the court allowed the reading of the victim's preliminary hearing testimony, as she did not appear at trial. The court found that the state had made sufficient efforts to locate the victim and that her unavailability was justified, thus upholding the admission of her prior testimony. 3. **Sufficiency of Evidence**: Vineyard contended that the evidence was insufficient to support his conviction for Assault and Battery with a Deadly Weapon. The court determined that the evidence was sufficient for a rational trier of fact to find him guilty beyond a reasonable doubt. 4. **Lesser Included Offense Instruction**: Vineyard argued that the trial court erred by failing to instruct the jury on the lesser offense of Pointing a Firearm. While the court acknowledged that the lack of instruction was error, it did not affect the trial's outcome, and therefore did not warrant reversal. 5. **Cumulative Error**: Lastly, Vineyard claimed that the cumulative effect of errors warranted a new trial. The court found no individual errors that affected the trial's fairness, thus rejecting this claim. Ultimately, the Oklahoma Court of Criminal Appeals affirmed the district court's judgment and sentence, concluding that none of the raised issues warranted relief. The decision highlighted the adherence to established legal standards regarding self-representation, confrontation rights, evidentiary sufficiency, jury instructions, and cumulative error analysis. [Download the full opinion here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1188_1734784723.pdf).

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F-2018-664

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **KEYUNA CRYSTAL MOSLEY,** Appellant, vs. **THE STATE OF OKLAHOMA,** Appellee. **No. F-2018-664** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA SEP 19 2019** **SUMMARY OPINION** JOHN D. HADDEN CLERK **KUEHN, VICE PRESIDING JUDGE:** Keyuna Crystal Mosley was tried by jury and convicted of Robbery with a Dangerous Weapon in violation of 21 O.S.2011, § 801, after being previously convicted of two or more felonies, in the District Court of Oklahoma County, Case No. CF-2017-1853. Following the jury's recommendation, the Honorable Ray C. Elliott sentenced Appellant to twenty (20) years imprisonment, requiring her to serve 85% of her sentence before becoming eligible for parole consideration per 21 O.S.Supp.2015, § 13.1. Appellant appeals this conviction and sentence. **Proposition of Error:** Appellant raises one proposition of error: that the State’s evidence was insufficient to prove her guilt of conjointly committing robbery with a dangerous weapon beyond a reasonable doubt, and thus due process mandates her case be reversed and remanded with instructions to dismiss. **Decision:** After thorough consideration of the complete record, including original records, transcripts, exhibits, and briefs, we find the law and evidence do not necessitate relief. Viewing the evidence in the light most favorable to the State, any rational trier of fact could reasonably conclude beyond a reasonable doubt that Appellant committed robbery with a dangerous weapon (Easlick v. State, 2004 OK CR 21, ¶ 15, 90 P.3d 556, 559). To establish robbery with a dangerous weapon, the State must demonstrate that the wrongful taking and carrying away of personal property from another's person or immediate presence occurred by force or fear, specifically involving a knife (21 O.S.2011, § 801; OUJI-CR 2d 4-144). The term “principal” in a crime includes anyone who either directly and actively commits the acts constituting the offense or knowingly and with intent aids and abets in its commission (Hackney v. State, 1994 OK CR 29, ¶ 9, 874 P.2d 810, 814; OUJI-CR 2d 2-5, 2-6). Appellant contends the State failed to prove that she acted conjointly with her boyfriend in committing the robbery. She argues that the victim Seale's testimony was incredible and contradicted by her own statement, and that the State should have corroborated Seale's testimony with additional evidence such as forensic evidence, text records, or records of their online communications. This assertion is incorrect. While the State could have provided such corroborative evidence, it was not required to do so. Seale was both an eyewitness and the victim, and the jury determines the credibility of witnesses and the weight of their testimony (Mason v. State, 2018 OK CR 37, ¶ 13, 433 P.3d 1264, 1269). The jury is entitled to make reasonable inferences supporting their verdict. Even in cases of sharply conflicting evidence, we will not disturb a properly supported verdict (Robinson v. State, 2011 OK CR 15, ¶ 17, 255 P.3d 425, 432). The evidence established that Appellant lured victim Seale to the crime scene, called her accomplice, and directly took and carried away Seale’s property while her accomplice threatened the victim with a knife. We will not reweigh the evidence or substitute our judgment for that of the jury (White v. State, 2019 OK CR 2, ¶ 9, 437 P.3d 1061, 1065). Thus, this proposition is denied. **Conclusion:** The Judgment and Sentence of the District Court of Oklahoma County is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), the MANDATE is ORDERED issued upon the delivery and filing of this decision. **AN APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY** THE HONORABLE RAY C. ELLIOTT, DISTRICT JUDGE **ATTORNEYS AT TRIAL** TIMOTHY M. WILSON ASST. DISTRICT ATTORNEY 320 ROBERT S. KERR, STE. 611 OKLAHOMA CITY, OK 73102 **ATTORNEYS ON APPEAL** ANDREA DIGILIO MILLER PUBLIC DEFENDER’S OFFICE 611 COUNTY OFFICE BLDG. 320 ROBERT S. KERR AVE. OKLAHOMA CITY, OK 73102 **COUNSEL FOR APPELLANT** DAN POND KATHERINE BRANDON ATTORNEY GENERAL OF OKLA. ASST. DISTRICT ATTORNEYS TESSA L. HENRY 320 ROBERT S. KERR, STE. 505 OKLAHOMA CITY, OK 73102 **COUNSEL FOR THE STATE** **OPINION BY KUEHN, V.P.J.** LEWIS, P.J.: CONCUR LUMPKIN, J.: CONCUR HUDSON, J.: CONCUR ROWLAND, J.: CONCUR **[Download PDF Version Here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-664_1735223763.pdf)**

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RE-2018-1039

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **FRANK REVILLA PAIZ, JR.,** Appellant, **v.** **THE STATE OF OKLAHOMA,** Appellee. --- **Case No. RE-2018-1039** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA SEP 12 2019** **SUMMARY OPINION** **ROWLAND, JUDGE:** On January 4, 2017, Appellant Frank Revilla Paiz, Jr., represented by counsel, entered guilty pleas to multiple charges including Possession of CDS - Methamphetamine (Count 2), Unlawful Possession of Drug Paraphernalia (Count 4), Driving Without a Driver's License (Count 5), Failure to Maintain Insurance or Security (Count 6), and Failure to Pay Taxes Due to the State (Count 7) in Woodward County Case No. CF-2016-114. He received an eight-year sentence for Count 2 and a one-year sentence for Count 4, with all but the first year suspended, subject to probation conditions. Sentences were concurrent. On the same day, Paiz pleaded guilty in Woodward County Case No. CF-2016-117 to Possession of Controlled Dangerous Substance - Methamphetamine (Count 1) and Unlawful Possession of Drug Paraphernalia (Count 2), receiving similar sentences. On June 2, 2017, the State filed an Application to Revoke Paiz's suspended sentences in Cases CF-2016-114 and CF-2016-117, citing new charges for Possession of Controlled Dangerous Substance in Case No. CF-2017-142 and failure to pay court costs. Paiz pled guilty to the new offense, receiving a suspended sentence of ten years, contingent on completing a drug treatment program. The State filed another Application to Revoke on August 14, 2018, due to new charges of Carrying Weapons and violations of probation. Following a revocation hearing on September 28, 2018, Paiz stipulated to the allegations, leading to the revocation of approximately 2,495 days of suspended sentences by the District Court of Woodward County. Paiz appeals, arguing the revocation was excessive and constitutes an abuse of discretion. He cites that simple possession became a misdemeanor effective July 1, 2017, and criticizes the court for not exploring alternate sanctions. The scope of review in a revocation appeal focuses on the validity of the revocation order. This Court has held that even a single violation justifies revocation. Paiz admitted to multiple violations and new criminal activity, justifying the District Court's actions. **DECISION**: The revocation of Paiz's suspended sentences in Woodward County Case Nos. CF-2016-114, CF-2016-117, and CF-2017-142 is **AFFIRMED**. **Pursuant to Rule 3.15, the MANDATE is ORDERED issued upon delivery and filing of this decision.** **AN APPEAL FROM THE DISTRICT COURT OF WOODWARD COUNTY, THE HONORABLE DON A. WORK, ASSOCIATE DISTRICT JUDGE** --- **APPEARANCES AT TRIAL:** **CURTIS BUSSETT, ATTORNEY AT LAW** P.O. BOX 1494 CLINTON, OK 73601 **COUNSEL FOR DEFENDANT** **APPEARANCES ON APPEAL:** **CHAD JOHNSON** P.O. BOX 926 NORMAN, OK 73070 **COUNSEL FOR APPELLANT** **SUSAN K. MEINDERS** **MIKE HUNTER** ASST. DISTRICT ATTORNEY WOODWARD COUNTY 1600 MAIN STREET WOODWARD, OK 73801 **COUNSEL FOR THE STATE** **CAROLINE E.J. HUNT** ASST. ATTORNEY GENERAL 313 N.E. 21 ST STREET OKLAHOMA CITY, OK 73105 **COUNSEL FOR APPELLEE** **OPINION BY: ROWLAND, J.:** **LEWIS, P.J.: Concur** **KUEHN, V.P.J.: Concur** **LUMPKIN, J.: Concur** **HUDSON, J.: Concur** [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-1039_1734355896.pdf)

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F-2017-1176

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In OCCA case No. F-2017-1176, Anthony Dean Wilkerson, Jr., appealed his conviction for seven counts of Child Sexual Abuse. In an unpublished decision, the court decided to affirm the judgment and sentence given to him. One judge dissented. Wilkerson was convicted by a jury for serious crimes against a child. The jury decided on the punishments for each count, giving him long sentences, including life imprisonment for some of the counts. The trial court judge sentenced him to serve these sentences one after the other, meaning he would spend a long time in prison. Wilkerson raised several issues in his appeal, saying that his trial was not fair. He argued that he was punished too harshly for the same crime (double punishment), that the trial court made mistakes during the trial, and that the total effect of these mistakes made it unfair for him. The court looked at all the evidence and decided that Wilkerson's arguments were not strong enough to change the original decision. For his first point about double punishment, the court noted that the crimes were separate acts, so it was okay for him to be convicted on all counts without violating laws against multiple punishments. For his second and third points, the court said the trial judge was allowed to let the state ask questions that helped the young victim, J.W., remember her experiences better and to clarify her testimony about what happened to her. Regarding the length of his sentences and how they were administered (running consecutively), the court found no reason to change what the jury and trial judge decided. The punishments fell within legal limits, and the court didn't find that they were too harsh when considering the seriousness of the crimes. Wilkerson also claimed there was an error about a fine that was not mentioned at his sentencing. The court agreed that it was a simple mistake and ordered the lower court to correct this. Finally, the court did not find any combined errors that affected the fairness of the trial, so they rejected his last claim about cumulative error. In conclusion, the court upheld the original decision and confirmed Wilkerson's convictions, but instructed the lower court to fix the written sentencing document to remove the fine.

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M-2018-335

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JULIUS LAMAR WRIGHT,** Appellant, **v.** **THE STATE OF OKLAHOMA,** Appellee. **No. RE 2018-0144** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **JUL 11 2019** **SUMMARY OPINION** LEWIS, PRESIDING JUDGE: Appellant Julius Lamar Wright entered a plea of guilty in the District Court of Oklahoma County, Case No. CF-2009-228, for Count 1 - Possession of a Controlled Dangerous Substance With Intent to Distribute (Marijuana) and Count 2 - Possession of Drug Paraphernalia. On April 28, 2009, Appellant received a five-year deferred sentence on each count. On March 6, 2012, Appellant pled guilty to allegations in the application to accelerate his deferred sentences, resulting in a ten-year suspended sentence (first five years in custody) for Count 1, and one year in the Oklahoma County Jail for Count 2. These sentences were ordered to run concurrently with each other and with CF-2011-1457. Appellant was charged with Domestic Abuse by Strangulation on December 9, 2015, in Oklahoma County District Court Case No. CF-2015-8860. He entered a no contest plea and was given a ten-year suspended sentence with probation conditions, which ran concurrently with the earlier cases and included credit for time served. The State's motion to revoke Appellant's suspended sentence in Case No. CF-2009-228 due to the new charge and failure to pay restitution was dismissed on June 28, 2016, as part of the plea agreement in Case No. CF-2015-8860. On June 29, 2017, the State filed a motion to revoke Appellant's suspended sentences in Cases CF-2009-228 and CF-2015-8860, alleging a new crime of Possession of a Controlled Dangerous Substance in Oklahoma County District Court Case No. CF-2017-2733. After a revocation hearing on January 31, 2018, Appellant's suspended sentences in both cases were revoked. Appellant appeals the revocation of his suspended sentences, raising two propositions of error: 1. The evidence presented during his revocation hearing should have been excluded as it was obtained through egregious police conduct violating his Fourth Amendment rights. 2. The trial court abused its discretion by revoking Appellant's sentences in full, constituting a violation of his due process rights and resulting in an excessive sentence. We affirm the District Court's decision to revoke Appellant's suspended sentences in full. Appellant's first argument was not raised at the revocation hearing, leading us to review for plain error. To claim relief under the plain error doctrine, Appellant must prove: (1) an actual error occurred; (2) the error is clear and obvious; and (3) the error affected his substantial rights, impacting the outcome of the hearing. We find no plain error and conclude that the trial judge did not abuse discretion in finding Appellant violated the conditions of his suspended sentences. Regarding the second argument, the court has broad discretion in revoking suspended sentences, and this discretion will not be disturbed without showing an abuse thereof. Appellant has not demonstrated any such abuse. **DECISION** The revocation of Appellant's suspended sentences in Oklahoma County District Court Case Nos. CF-2009-228 and CF-2015-8860 is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2019), the MANDATE is ORDERED issued upon the filing of this decision. **REVOCATION APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY, THE HONORABLE RAY C. ELLIOTT, DISTRICT JUDGE** **APPEARANCES ON APPEAL REVOCATION PROCEEDINGS** **THOMAS HURLEY** **MARVA A. BANKS** Assistant Public Defender Oklahoma County Public Defender's Office 611 County Office Building 320 Robert S. Kerr Oklahoma City, Oklahoma 73102 Counsel for Defendant **KIRK MARTIN** Assistant District Attorney Oklahoma County 320 Robert S. Kerr Suite 505 Oklahoma City, Oklahoma 73102 Counsel for the State **OPINION BY:** LEWIS, P.J. KUEHN, V.P.J.: Concur LUMPKIN, J.: Concur HUDSON, J.: Concur ROWLAND, J.: Concur **[PDF VERSION AVAILABLE HERE](https://opinions.wirthlawoffice.com/wp-content/uploads/M-2018-335_1734421708.pdf)**

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C-2018-685

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **ORIE DANIEL HILL,** **Petitioner,** **V.** **THE STATE OF OKLAHOMA,** **Respondent.** **Case No. C-2018-685** **SUMMARY OPINION DENYING CERTIORARI** LEWIS, PRESIDING JUDGE: **Background:** Orie Daniel Hill, Petitioner, entered a blind plea of nolo contendere to multiple charges including: first-degree rape (victim under age fourteen), rape by instrumentation, lewd or indecent acts to a child under sixteen, and child sexual abuse. The trial court sentenced him to thirty years imprisonment on each count to be served concurrently and mandated three years of post-imprisonment supervision. Hill later filed a motion to withdraw his plea, claiming it was not entered knowingly, intelligently, and voluntarily, and that he was denied effective assistance of counsel. **Issues Raised:** 1. The trial court abused its discretion in denying Hill's motion to withdraw his plea; 2. Hill was denied effective assistance of counsel. **Facts:** The case involved allegations against Hill related to inappropriate sexual behavior towards an 8-year-old girl, A.H. The investigation included statements from the victim and forensic evidence, including DNA linking Hill to the offenses. **Analysis:** The court's review is limited to whether the plea was entered voluntarily and intelligently, whether the sentence was excessive, and whether counsel was effective. The burden is on Hill to demonstrate that his counsel was ineffective or that he did not fully understand the plea agreement. 1. **Proposition One:** The court concluded that Hill knowingly, intelligently, and voluntarily entered his plea. He was informed of his rights and the potential consequences. Despite Hill's claim of feeling pressure and receiving poor legal advice, the court found no evidence supporting these assertions. 2. **Proposition Two:** Hill’s claim of ineffective assistance of counsel did not meet the standard established in Strickland v. Washington, which requires showing both deficient performance and resulting prejudice. The court ruled that counsel’s advice was sound and appropriately reflected the realities of the situation, including the potential for harsher sentences if the case went to trial. **Conclusion:** The petition for a writ of certiorari is DENIED, and the judgment and sentence are AFFIRMED. **MANDATE:** Ordered issued upon delivery and filing of this decision. --- **APPEARANCES:** - **For Appellant:** David R. Slane; Nicollette Brandt - **For the State:** Chris Anderson, Assistant District Attorney **OPINION BY:** Lewis, P.J. **Concur:** Kuehn, V.P.J.; Lumpkin, J.; Hudson, J.; Rowland, J. [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-685_1734175737.pdf)

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F-2018-243

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In OCCA case No. F-2018-243, Ivan Luna-Gonzales appealed his conviction for Domestic Assault and Battery with a Dangerous Weapon. In a published decision, the court decided to affirm the trial court's judgment and sentence. One judge dissented. The case involved a serious incident where Luna-Gonzales attacked the mother of his child with a two-by-four, causing her significant injuries that required medical treatment. After the attack, he attempted to escape but was later found by the police. At the trial, Luna-Gonzales denied the assault and tried to claim that the victim had hurt herself. However, the evidence presented showed otherwise. A central issue in the appeal was whether Luna-Gonzales should receive credit for the time he spent in jail while awaiting his trial. He argued that the trial court made a mistake by not giving him this credit. The relevant law states that certain credits for time served apply but focus on time after sentencing—not while someone is waiting for their trial. The court explained that the statute referenced by Luna-Gonzales did not apply to the time he spent in jail before his judgment and sentence. Instead, it was meant to address the time inmates spend in jail after sentencing. The court emphasized that the trial judge has the discretion to decide on jail credit, which is not automatically given. In Luna-Gonzales’s case, the court found no fault with the trial court's decision. His longer time in jail was largely due to an immigration hold, which prevented his release. The court also noted that he did not cooperate with a required investigation before sentencing. Therefore, the court concluded that the trial court acted within its rights, and the appeal was denied. Ultimately, the judgment from the Payne County District Court was upheld, meaning Luna-Gonzales would serve his sentence without the additional jail credits he sought.

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F-2018-120

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In OCCA case No. F-2018-120, Shelton appealed his conviction for Human Trafficking for Commercial Sex. In an unpublished decision, the court decided to affirm the conviction and sentence. No one dissented. Shelton was found guilty of coercing a young woman to engage in prostitution. The jury sentenced him to thirty years in prison, which he must serve at least 85% of before he can be considered for parole. Shelton raised issues claiming that the trial court made several errors that affected his right to a fair trial. First, he argued that the court should have given a different definition for human trafficking. However, since he did not ask for a specific instruction during the trial, the court looked for any major mistakes. They decided that the instruction provided was accurate and that giving a different definition would have confused the jury more than it helped. Second, Shelton argued that there was not enough evidence against him to support the conviction. The victim testified that she was recruited by him, provided with clothing and drugs, and he took away the money she earned. The court found that the evidence clearly supported the jury's determination that Shelton coerced her, even though she was not physically forced to work. Third, a concern was raised about an instruction given by the trial court that explained consent was not a defense in this case. The court ruled that this instruction was correct and did not unfairly shift the burden of proof to Shelton. Finally, Shelton claimed he was unable to present a full defense because the trial court did not let him ask if the victim had engaged in prostitution before meeting him. The court decided that this question was not relevant, as the victim had already shared enough information about her background and that it did not show any reason for her to lie about Shelton. In conclusion, the court firmly upheld the conviction, showing that the trial was fair and that evidence supported the jury’s decision.

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F-2018-56

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In OCCA case No. F-2018-56, Garry Wayne Wilson appealed his conviction for First Degree Murder and Possession of a Firearm While Under Supervision of the Department of Corrections. In a published decision, the court decided to affirm the conviction and sentence. No one dissented. Garry Wayne Wilson was found guilty by a jury in Tulsa County. He faced two charges: killing someone and having a gun when he wasn’t supposed to. The jury decided he should spend his life in prison for the murder and ten years for the gun charge, with both sentences running one after the other. Wilson raised several problems about his trial that he believed made it unfair. He thought the court made mistakes, such as changing the charges against him in a way that hurt his defense, not telling the jury the right instructions, allowing too many pictures of the victim that were too much to see, and that the prosecutor did things wrong during the trial. He also believed his lawyer didn’t help him enough. The court looked closely at Wilson’s complaints. First, they found that the change in the charges was allowed because it didn’t really change what he was being accused of. It was fair to change it based on the evidence that came out during the trial. Next, regarding jury instructions, the judges said they were given correctly. Even though Wilson claimed he should have received specific instructions about being angry, the judges said that because Wilson denied shooting the victim, he didn’t qualify for those instructions. Also, the jury did get to hear about similar lesser charges, which gave them options. About the photos shown in court, the judges found they were important for showing what happened to the victim. Even if there were many pictures, they all served a purpose and were not too repetitive. Regarding the claims of the prosecutor acting inappropriately, the court said that, despite Wilson's worries, the issues did not make the trial unfair. The judges assessed all the prosecutor's actions as a whole to decide if they were serious problems. They concluded that they were not. Wilson also said his lawyer didn’t do a good job. However, the judges commented that legal representatives have a wide range of actions they can take, and it’s not easy to prove they didn’t do their job well. They didn’t find any significant mistakes made by the lawyer that harmed Wilson’s case. Lastly, Wilson argued that all these issues combined made his trial unfair. The judges disagreed and said that since they found none of his claims were valid, there were no combined errors that would change the outcome either. In summary, the court affirmed Wilson's conviction and sentence. They found no significant errors that would merit a new trial or a change in his punishment. The case concluded with the jury's decision being upheld.

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F-2017-1240

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In OCCA case No. F-2017-1240, Kevin Eugene Fowler appealed his conviction for five counts of Child Neglect. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Kevin Eugene Fowler was found guilty by a jury of neglecting his children, which included not providing them enough food and medical care. The jury recommended that he be sentenced to 30 years in prison for four of the counts and 10 years for the last count, with all sentences to be served one after the other, totaling 130 years. Fowler was required to serve 85% of his sentences before being eligible for parole. Fowler raised several points during his appeal, arguing that there were issues with how evidence was presented in court. He claimed that comments made by a police officer were unfair and that he did not receive a fair trial because of them. However, the court found that these comments were relevant and did not harm his case. Fowler also argued that he was wrongly punished multiple times for the same actions regarding his children, but the court ruled that his separate actions of failing to provide food and medical care could be treated as different crimes. He accused the State of misconduct during the trial, but the court concluded that the comments made were either allowed within the context of the trial or did not unfairly influence the jury. Another point raised was about his attorney not doing a good job. Fowler claimed his lawyer failed to object to improper arguments and was not sufficiently prepared. The court found that his lawyer's actions were not deficient and that there was no actual conflict of interest in defending both him and his co-defendant. Fowler believed that his lengthy sentences were excessive. Yet, the court determined that the sentences fell within the legal limits, and the trial judge had considered all relevant facts before deciding to make the sentences consecutive. Lastly, Fowler argued that all these issues combined made it impossible for him to get a fair trial, but since the court did not find any individual errors significant, they ruled against this claim as well. Overall, the court affirmed Fowler's multiple convictions and sentences, concluding that no errors were made that would warrant a new trial or a change in sentencing.

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RE-2017-113

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In the case of Ruben Geraldo Velasquez v. The State of Oklahoma, the appellant appealed the revocation of his suspended sentences across multiple cases in the Caddo County District Court. The appeals were addressed by the Oklahoma Court of Criminal Appeals. The appellant had pleaded guilty to multiple charges, including possession of a firearm after conviction, driving under the influence, and domestic assault. His sentences were imposed with significant portions suspended, and he was placed on probation. However, the State filed a petition to revoke his suspended sentences citing several violations, including failure to pay fees, failure to report, changes in address, and new criminal offenses. The trial court revoked the appellant's suspended sentences in full after a hearing, and the appellant raised several propositions of error on appeal. The court determined that the first two propositions, which challenged the validity of the original sentences, were not properly resolved through this appeal and needed to follow certiorari procedures instead. The court found that the amendment to the revocation order, which removed post-imprisonment supervision, rendered one of the propositions moot. Regarding claims of ineffective assistance of counsel, the court concluded that the appellant had not demonstrated any deficiency in counsel's performance nor shown any resulting prejudice. The appellant's argument that the trial court abused its discretion by denying credit for time served was found to have no supporting legal authority, as the court indicated that there is no statutory requirement for such credit to be granted. Lastly, the court rejected the appellant's assertion that the revocation was excessive. The evidence presented to the trial court satisfied the standard necessary to revoke the suspended sentences, affirming that the burden of proof for violations is preponderance of the evidence, and that the decision to revoke is within the discretionary power of the trial court. Ultimately, the Oklahoma Court of Criminal Appeals affirmed the trial court’s decision to revoke the appellant's suspended sentences across all cited cases, concluding that there was no abuse of discretion in the revocation. The mandates for this decision were ordered to be issued following the filing of the opinion. The decision is summarized as follows: **The revocation of Ruben Geraldo Velasquez's suspended sentences is AFFIRMED.**

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F-2017-758

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In OCCA case No. F-2017-758, Shawn Conrad Freeman appealed his conviction for multiple serious crimes, including Kidnapping, Forcible Sodomy, Rape in the First Degree, and Robbery in the First Degree. In an unpublished decision, the court decided to affirm the judgment and sentence of the District Court. The court did, however, instruct the District Court to correct a clerical error regarding the fine for one of the robbery counts. Freeman was tried by jury and was found guilty on multiple counts involving four separate women. The jury sentenced him to long prison terms and significant fines. The trial court followed the jury's recommendations for sentencing. Freeman raised several arguments on appeal. He argued that having multiple convictions for crimes like Kidnapping, Rape, and Forcible Sodomy at once was unfair and violated laws against double punishment. However, the court found that the crimes were separate and showed that each act occurred at different times, meaning he could be punished for all of them. He also claimed that trying all fourteen counts together was wrong because it might have led the jury to convict him based on the total evidence rather than on proof for each individual charge. The court determined that the offenses were connected enough to be tried together and that no error occurred. Another point of contention was that one of the victims couldn't testify in court, and the jury was allowed to hear her previously recorded testimony instead. The court upheld this decision, stating that Freeman had previously had the chance to question her during an earlier hearing. Freeman argued that the evidence was not enough to support his robbery conviction. The court disagreed, stating that the evidence clearly showed he unlawfully took property from a victim. He raised questions about misconduct by the prosecutor, ineffective assistance of counsel, and that his sentences were too harsh. The court found no evidence to support his claims of improper actions or ineffective counsel. It ruled that his sentences were not excessively severe given the nature of the crimes he was convicted for. Finally, Freeman claimed that the combined issues during the trial denied him a fair trial. However, the court noted that it found no individual errors that would warrant a new trial. In conclusion, the court affirmed Freeman's convictions and sentences but ordered a correction to a minor error in the judgment regarding the fine imposed for one count of robbery. There was a dissenting opinion from one of the judges.

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F-2017-902

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In OCCA case No. F-2017-902, Kaylin Mixon appealed his conviction for Second Degree Depraved Mind Murder. In an unpublished decision, the court decided to affirm the conviction and uphold the sentence. One judge dissented. Kaylin Mixon was found guilty by a jury and was sentenced to 30 years in prison, along with a $100 fine. Mixon argued that his trial was unfair for three reasons. First, he believed that the jury should have been individually asked about their verdict to ensure all members agreed. However, the court found that since no one complained during the trial, there was no clear error. They determined that the jury's agreement was evident enough without needing to poll each member individually. Second, Mixon contended that photos from the autopsy shown at trial were too upsetting and should not have been allowed as evidence, claiming they were not necessary since the cause of death was not disputed. The court ruled that the photos were relevant to the case and helped to explain the details of the crime, so the inclusion of the photos did not unfairly influence the jury. Lastly, Mixon challenged the $100 fine imposed by the judge, arguing that it wasn’t proper since the law didn’t specifically mention a fine for his type of conviction. However, the court referenced past rulings that allowed judges to impose fines in felony cases, concluding that the fine was valid. After reviewing these issues, the court found no substantial errors that would warrant a new trial or change in the sentence. Therefore, they affirmed the original decision and the appeal was denied.

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F-2017-008

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In OCCA case No. F-2017-08, John Kyle Crandall appealed his conviction for first degree murder, concealing stolen property, and possession of a firearm after a felony conviction. In a published decision, the court decided to affirm the conviction for first degree murder and possession of a firearm but reversed the conviction for concealing stolen property. One judge dissented.

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F-2016-696

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In OCCA case No. F-2016-696, Mesfun appealed his conviction for driving under the influence of alcohol, transporting an open container of liquor, driving without a license, and driving left of center. In a published decision, the court decided to modify the sentence on one count and affirmed the rest of the judgment. One justice dissented. Mesfun was found guilty of multiple offenses in Tulsa County District Court. The charges included driving drunk, having an open container of alcohol while driving, not having a driver's license, and driving in the wrong lane. He received a long sentence, including years in prison and fines, to be served one after the other. Mesfun's appeal included three main points. First, he argued that the jury was wrongly told how much punishment they could give him for transporting an open container of liquor. The court agreed with him on this point and changed that sentence to a shorter jail time and fine. Second, Mesfun claimed that the prosecutor acted unfairly during the trial, which hurt his chances of a fair trial. However, the court found that the prosecutor's comments were allowed and did not harm Mesfun's case. Third, he said that his lawyer did not do a good job to help him. The court looked at this claim and said that his lawyer's actions did not affect the trial's outcome, so this point was also denied. Overall, the court modified one part of his sentence but upheld the rest of the decision from the trial court.

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RE-2014-1030

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In OCCA case No. RE-2014-1030, Ronnie Eugene Woods appealed his conviction for Unlawful Possession of a Controlled Dangerous Drug with Intent to Distribute, Falsely Personate Another to Create Liability, and Driving with License Cancelled, Suspended, or Revoked. In an unpublished decision, the court decided to modify the order of the District Court regarding Woods' sentences, ensuring that they would be served concurrently instead of consecutively. One judge dissented from this decision.

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RE-2013-1177

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In OCCA case No. RE-2013-1177, Ford appealed his conviction for Domestic Assault and Battery by Strangulation. In a published decision, the court decided to affirm the revocation of his suspended sentence but vacate the sentencing portion, ordering that a new sentencing order not exceed the original sentence. No one dissented.

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F-2013-668

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In OCCA case No. F-2013-668, Aaron M. Holmes appealed his conviction for Possessing A Firearm After Felony Conviction. In an unpublished decision, the court decided to modify his sentence. One judge dissented. Aaron M. Holmes was found guilty by a jury for having a gun after previously being convicted of felonies. The jury sentenced him to life in prison and a fine of $10,000. Holmes appealed the conviction, stating several reasons he believed the trial was unfair. He argued that the prosecutor made mistakes by asking the jury to think about evidence from the first part of the trial in later parts. He also claimed his lawyer didn't help him well and that the jury was unfairly influenced by information about his past sentences, leading to a harsh punishment. The jury did clear Holmes of two other charges related to robbery and assault. During the court's review, it was found that the prosecutor was correct in including evidence from the earlier stages of the trial when discussing Holmes's situation. Because Holmes did not raise this concern during the trial, he could not challenge it fully on appeal. Concerning Holmes's claim about the prosecutor mentioning his past sentences, the court found that this was indeed a mistake since it could affect how the jury decided on his punishment. Because the jury opted for the maximum sentence possible, the court modified Holmes's punishment from life in prison to 30 years. As for the argument about the lawyer, the court decided it didn't make sense to say the lawyer was ineffective since the earlier issue was found not to be an actual error. Thus, this part of Holmes's appeal was denied. The court ultimately decided to keep the conviction but changed the length of the prison sentence to be less than what was initially given.

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F-2012-703

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In OCCA case No. F-2012-703, Heather Ann Jones appealed her conviction for Second Degree Murder, Robbery Committed by Two or More Persons, Conspiracy to Commit Robbery, and Child Neglect. In an unpublished decision, the court decided to reverse the conviction for Robbery but otherwise affirmed the Judgment and Sentence from the District Court. One judge dissented. Heather Ann Jones was found guilty after a jury trial in Sequoyah County. The jury sentenced her to fifteen years for Second Degree Murder, five years for Robbery, a fine for Conspiracy to Commit Robbery, and one year in jail for Child Neglect, with all sentences running at the same time. Jones raised several issues on appeal. First, she questioned whether there was enough evidence to support her convictions. The court found that the evidence was sufficient to support the jury's decisions, as it showed that Jones knew her accomplices intended to commit robbery. Even though initially the victim let them in, it was shown that they used deception to gain entry, which made their actions unlawful. Second, Jones argued that it was wrong for the trial court to allow testimony about her behavior during a TV interview after her daughter was shot. The court found that while the video of the interview was inadmissible, the investigator’s testimony about her demeanor did not count as hearsay and did not unfairly affect the trial. Jones also claimed that statements made by a witness to the police were wrongly admitted, claiming it deprived her of a fair trial. Despite the admission being deemed an error, the court ruled that since the witness testified in court about the same things, the error did not impact the outcome significantly. Jones's objection to some character evidence used against her related to her behavior following her daughter’s shooting was dismissed, as the court believed it directly supported the charge of Child Neglect. She also argued that being convicted for both Robbery and Second Degree Murder was unfairly punishing her twice for the same act. The court agreed, finding that the acts were part of the same crime, so they reversed her conviction for Robbery. In terms of ineffective assistance of counsel, Jones claimed her lawyer should have objected to several pieces of evidence, including the TV interview, police statements, and character evidence. The court ruled that her lawyer's performance did not prejudicially affect the outcome because the decisions were matters of which objections would not have made a difference. Finally, Jones asked for a review of all issues together, hoping that their combined impact on her trial would show that she did not receive a fair trial. However, the court found the errors were not enough to change the outcome. Overall, the court reversed Jones's conviction for Robbery but affirmed the rest of her convictions and sentences.

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RE-2012-0835

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In OCCA case No. RE-2012-835, Lon Adam Smith appealed his conviction for assault and battery with a dangerous weapon, domestic abuse, and possession of a firearm after a felony conviction. In a published decision, the court decided to reverse the sentences and send them back to the district court for changes. One judge dissented. The case involved three separate convictions against Lon Adam Smith, who had initially entered pleas of no contest to the charges. His sentences were suspended as long as he successfully completed certain rehabilitation programs. However, after some time, the state claimed Smith had not followed through with these programs, which led to a hearing where Smith admitted to the violations. During the revocation hearing, the judge revoked Smith's suspended sentences and imposed longer terms of imprisonment, which raised concerns about whether these new sentences were valid given the original ones. The main issue was that the original sentences had been improperly processed. The judge had not followed the correct procedures for delaying the imposition of sentences as required by law. The court found that Smith's original sentences were improperly extended due to the judge's actions at the revocation hearing. It was determined that since Smith's initial sentences were set on a specific date, any new sentences imposed could not exceed the original terms. Therefore, the court ruled that the revocation sentences needed to start from the date of the original sentences. In the end, the court reversed the judge's decision, which meant that Smith's sentences had to be adjusted to reflect the proper starting dates and terms. The court ordered the district court to amend the sentences accordingly. This decision helps ensure fairness in the legal process and clarifies how long someone can be sentenced for violations of probation.

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F-2012-478

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In OCCA case No. F-2012-478, Michael Ray Baack appealed his conviction for Unlawful Possession of a Controlled Dangerous Substance and Public Intoxication. In an unpublished decision, the court decided to affirm the judgment and sentence of the District Court while remanding the case to correct the judgment regarding the fine on Count 1. One member of the court dissented. Michael Ray Baack was found guilty by a jury in Canadian County for having controlled substances and for being publicly intoxicated. The jury decided that he should serve eight years in prison and pay a $2,000 fine for the drug charge, along with thirty days in jail for public intoxication. The judge ordered both sentences to be served one after the other but waived the fine on the drug charge. Baack raised several questions on appeal. He argued about the evidence being enough to convict him of the drug charge, how other crimes were presented during the trial, the lack of instructions on a lesser drug offense, the fine, and whether his sentence was too harsh. 1. The court found that the evidence showed Baack had knowingly possessed drugs. The jury had enough proof to make a logical decision based on the facts presented. 2. About the other crimes evidence, the court mentioned that Baack had introduced his prior record himself, so he could not complain about that during the appeal since it was his choice to bring it up. 3. Baack's request for a lower charge on drug paraphernalia was not granted because he claimed he was innocent. The court said that when someone claims they did not do something, they cannot ask for lesser charges. 4. The fine for the drug charge was waived, and both Baack and the state agreed that the case should go back to the lower court to correct the documents to show there was no fine. 5. The claim that Baack was hurt by showing his previous felony conviction was denied because it did not affect the outcome of the case. The court stated that the sentences were appropriate and followed the law. In conclusion, the court upheld the findings of the lower court and noted there was no need for a new trial or changes to the verdicts, except for correcting the issue with the fine.

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C-2012-686

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In OCCA case No. C-2012-686, Joseph Dewayne Conner appealed his conviction for First Degree Robbery and First Degree Burglary. In a published decision, the court decided to deny his appeal regarding the robbery conviction, but granted it concerning the burglary conviction. The court found that Conner had been misinformed about the possible sentence for burglary, which affected his decision to plead guilty. Although Conner’s actual sentence was within the correct range, the incorrect information he received could have influenced his plea. #n dissented on the decision regarding the robbery conviction.

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F-2010-651

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In OCCA case No. F-2010-651, Frank Leroy Gibson appealed his conviction for Manufacture of Controlled Dangerous Substance (Methamphetamine) and Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm Gibson's convictions but modified his sentence on Count I to 25 years of imprisonment instead of Life. One judge dissented regarding the sentencing modification. Gibson was found guilty by a jury of manufacturing methamphetamine and possessing drug paraphernalia after a police search of his home. The jury considered various pieces of evidence, including burned pseudoephedrine blister packs and a coffee grinder with traces of the drug. Gibson argued that there wasn't enough evidence to prove he manufactured methamphetamine, but the court disagreed, stating sufficient circumstantial evidence pointed to his involvement. Gibson also raised concerns about how the jury was instructed regarding a question they had during sentencing discussions. He claimed the response given by the judge was improper. However, the court found that the response did not negatively affect his rights. Another point of appeal involved how the State proved Gibson’s prior felony convictions. Gibson argued that the use of certain documents to establish his past convictions was wrong. The court noted he did not object to this during the trial, so it upheld the use of the documents. Gibson also claimed that his post-arrest silence was mentioned inappropriately during the trial, which could lead to unfair treatment. The court assessed this point and found that the reference did not affect the fairness of the trial overall. Gibson argued that the prosecutor acted inappropriately during the trial, making inflammatory comments and expressing personal opinions. The court examined these claims and concluded that while some comments by the prosecutor were improper, they did not affect the outcome of the trial. There was also a concern about the trial judge informing the jury that Gibson's attorney was facing criminal charges. The court acknowledged the trial court's comments were poorly chosen but ultimately decided that they did not cause significant harm to Gibson’s case. The court determined that while Gibson's sentence was initially excessive due to the previous errors and comments related to the trial, the evidence of his guilt was strong, and thus reduced his sentence on the methamphetamine charge to 25 years in prison. The possession charge remained unchanged and the sentences were to run concurrently. In conclusion, while Gibson’s convictions were upheld, the court modified his sentence for fairness considering the cumulative effects of the prosecutor's statements and the judge's comments.

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