Sentencing Modifications Archives

F-2011-568

Post author:Staff
Post published:December 7, 2012
Post category:F

In OCCA case No. F-2011-568, Gary Patrick Ciancio, Jr. appealed his conviction for Child Abuse by Injury. In an unpublished decision, the court decided to affirm his conviction but modified his sentence. One judge dissented. Ciancio was found guilty of hurting a child, identified as C.D. He was accused of causing burns on C.D.’s hand with a cigarette lighter and hitting C.D. with a belt, leading to severe bruises. The jury sentenced him to 25 years in prison along with a fine. Ciancio argued that his trial was not fair because the court allowed evidence that showed his bad character and past actions that were unrelated to the charges. He also claimed that his lawyer did not help him properly during his trial because the lawyer did not challenge these pieces of evidence. During the trial, C.D. testified that Ciancio was responsible for his injuries and described different ways Ciancio had punished him in the past. Ciancio denied causing the injuries, saying they were accidental. His defense included claims that C.D. got hurt while playing. The court allowed many pieces of evidence that painted Ciancio in a negative light but were not directly related to the specific charges against him. Ciancio's appeals were based on these issues, saying they made his trial unfair. The court noted that while there was a lot of damaging evidence presented against Ciancio, the key facts still proved he was guilty. However, the blend of improper evidence and the lack of objection from Ciancio's lawyer led the court to feel that the sentence might have been unfairly harsh. The court decided that because of the ineffective assistance from his lawyer, Ciancio's sentencing should be reduced from 25 years to 15 years. In conclusion, Ciancio’s conviction was upheld, but his time in prison was reduced due to problems with how his trial was handled.

F-2004-427

Post author:Staff
Post published:January 26, 2007
Post category:F

In OCCA case No. F-2004-427, Emily Michelle Dowdy appealed her conviction for First-Degree Manslaughter. In an unpublished decision, the court decided to affirm her conviction but modified her sentence to twenty-five years imprisonment. One judge dissented from the decision to modify the sentence. Emily was charged after a fatal car accident that resulted in the death of another driver, Ryan Brewer. Emily's blood test later showed a high blood alcohol concentration, indicating she was driving under the influence. In her defense, she claimed she was involuntarily intoxicated, suggesting that she may have been given a drug without her knowledge, such as GHB or rohypnol, often associated with date-rape cases. Emily argued that she could not remember what happened after she took a friend to her car at a bar. The trial included a significant amount of expert testimony regarding the effects of GHB, but the state argued that Emily was likely just drunk from alcohol. Various witnesses testified about her drinking at the bar that night and her generally good driving record. On appeal, Emily raised several arguments regarding the fairness of her trial, alleging ineffective assistance of her counsel, improper admission of certain evidence regarding her character, and comments made by the prosecutor. The court reviewed testimony regarding whether Emily had been properly advised about her rights during police questioning and whether any misconduct had affected the jurors' views. After thorough review, the court concluded that the trial was fair overall, although it noted that one witness's hearsay testimony, which was not properly admissible, could have potentially influenced the jury's view of Emily. Ultimately, this led to a modification of her sentence, although the conviction itself remained intact. The dissenting judge felt that the original forty-year sentence was appropriate and did not believe that the limited hearsay testimony had a significant impact on the final outcome.