Sentencing

F-2008-214

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In OCCA case No. F-2008-214, Joe Lee Birmingham appealed his conviction for three counts of lewd and indecent acts with a child under sixteen. In an unpublished decision, the court decided to modify his sentences to four years imprisonment in each count, to be served concurrently, and as modified, the decision was affirmed. One judge dissented. Joe Lee Birmingham was found guilty by a jury of three counts of lewd acts against a child in the District Court of Oklahoma County. He was sentenced to four years for each count, and the sentences were to be served back-to-back. Birmingham had raised several arguments in his appeal, saying his trial was unfair because important evidence was not allowed, his lawyer didn’t help him properly, and other issues with the trial and sentencing. First, he argued that the judge would not let him show he had a medical condition called ALS, which he thought was important for his defense. However, the court concluded that this evidence did not really change the situation since he admitted to touching the girl, even if he said it wasn’t inappropriate. Next, Birmingham claimed his lawyer made many mistakes that hurt his case, but the court found that the mistakes did not likely change the trial's outcome. He also said that the proof his actions were wrong wasn’t good enough, but the court disagreed, stating that the evidence was sufficient for the jury to reach a conclusion. Birmingham’s complaints about not getting the right jury instructions were found to be invalid, as he did not raise them during the trial. Regarding the idea that changing one of the charges after the state had presented its evidence was incorrect, the court found it was done properly. Birmingham said the prosecutor behaved badly during the trial, but the court believed the comments made were just pointing out reasonable conclusions from evidence. His argument about the length of his sentences being too harsh was also denied. The court even said they believed he should serve his sentences concurrently, rather than back-to-back, because of his health issues. Overall, the court felt that the trial was fair, and even if there were some minor issues, they did not believe they negatively affected the outcome much. Thus, they decided his sentences would be adjusted to only four years overall for his actions, instead of having to serve each count one after the other.

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C 2008-448

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In OCCA case No. C 2008-448, Franklin Savoy Combs appealed his conviction for grand larceny. In an unpublished decision, the court decided to allow Combs to withdraw his plea. One judge dissented. Combs was charged with grand larceny after two checks were stolen while he was visiting someone's home. He entered an Alford plea, meaning he accepted a punishment without admitting guilt, thinking it would be in his best interest. Combs was sentenced to five years in prison, with four years of that time suspended. Later, Combs sent a letter to the court saying he wanted to change his plea because he believed he was not guilty since he did not actually steal anything. The court agreed to a hearing where Combs explained that he didn't commit the crime. However, the court decided not to let him withdraw his plea. Combs then appealed this decision and raised two main points: he didn't understand what he was doing when he entered his plea, and there wasn't enough evidence to support his plea. The appeals court reviewed the case and decided that the original court made mistakes. They noted that there was not enough factual basis for Combs to plead guilty. In fact, they found that he might actually be innocent of the charges based on the facts presented. The appeals court said that Combs should be allowed to take back his plea and sent the case back to the lower court for further actions based on their ruling. Overall, the court agreed that Combs did not enter his plea knowingly and voluntarily, and they concluded their findings by granting him the chance to withdraw his Alford plea.

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F-2007-575

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In OCCA case No. F-2007-575, Jeffrey Marler appealed his conviction for three counts of Sexual Abuse of a Minor and one count of Possession of Child Pornography. In an unpublished decision, the court decided to modify the sentence for the possession count, vacate the fines imposed on all counts, and otherwise affirm the convictions. One judge dissented regarding the sentencing structure for the sexual abuse counts.

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C-2007-743

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In OCCA case No. F-2007-636, Bryan William Long, Jr. appealed his conviction for Unlawful Possession of Controlled Drug with Intent to Distribute (Methamphetamine). In an unpublished decision, the court decided to vacate the sentence from the District Court in Case No. CF-2004-31 and remand it back for further proceedings, specifically to determine the unserved portion of Long's sentence. Additionally, the court affirmed the judgment and sentence in CF-2006-90, which was for Burglary in the Second Degree. The court clarified that a prior felony conviction enhanced Long's sentence for the burglary conviction. One member of the court dissented.

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F-2007-346

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In OCCA case No. F-2007-346, Shawn Dion Reid appealed his conviction for various drug-related offenses including possession of methamphetamine and marijuana with intent to distribute. In a published decision, the court decided to affirm the termination of Reid from the Drug Court Program; however, it vacated the judgments and sentences imposed on certain counts that had been dismissed prior to his guilty pleas. One judge dissented.

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F-2006-1242

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In OCCA case No. F-2006-1242, Andruss Lee Flowers appealed his conviction for Trafficking in Illegal Drugs, Unlawful Possession of Marijuana with Intent to Distribute, Unlawful Possession of Paraphernalia, Obstructing an Officer, and Possession of a Firearm While in Commission of a Felony. In a published decision, the court decided to affirm his convictions for the latter four counts but modified his conviction for Trafficking in Illegal Drugs to the lesser offense of Possession with Intent to Distribute. One judge dissented regarding the modification of Count I.

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F-2007-269

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In OCCA case No. F-2007-269, Victor Allen Martin appealed his conviction for several drug offenses, including possession of methamphetamine with intent to distribute. In an unpublished decision, the court decided to reverse one of Martin's convictions for possessing methamphetamine without affixing a tax stamp, as there was not enough evidence to support that charge. The court affirmed his other convictions and sentences, agreeing that the evidence was sufficient for them. One member of the court dissented.

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F-2006-1015

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In OCCA case No. F-2006-1015, Earnest Ray Kingery, Jr. appealed his conviction for rape in the first degree. In an unpublished decision, the court decided to modify Kingery's sentence from seventy years to twenty-five years imprisonment. One judge dissented. Earnest Ray Kingery, Jr. was found guilty of raping a child and was sentenced to a long prison term. He appealed, arguing that several things went wrong during his trial. He said that a witness should not have been allowed to talk about other crimes he allegedly committed, which could have confused the jury. He also claimed the judge pressured the jury into making a decision and that the prosecutor hinted he was guilty for not speaking to the police after a search warrant was served at his home. The court looked closely at Kingery's claims. They agreed that the evidence about the witness's testimony was not appropriate for the jury to hear, as it led to confusion about the other child that was involved in the case. The skills of the forensic interviewer were challenged because it seemed that testimony might have suggested the children were telling the truth without any evidence. Even if the trial court gave special instructions to limit how the jury should view this evidence, it still influenced their decision. However, the court found that the victim's own testimony was strong enough to prove Kingery's guilt. They acknowledged that while the testimonies of the other child were not correctly handled in terms of evidence, the main evidence from the victim was enough for a guilty verdict. In the end, the court decided to modify Kingery’s long sentence to a lesser one. They believed his punishment should still be serious but recognized that the jury might have been adversely influenced by some of the testimony they heard about other crimes. Thus, Kingery's prison time was reduced to twenty-five years. The court affirmed the conviction but made this change to the punishment. One of the judges disagreed with reducing the sentence, insisting that all of the evidence presented was appropriate, and so the original long sentence should have stood. Another judge agreed on the conviction but also dissented regarding the sentence being modified.

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F-2006-348

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In OCCA case No. F-2006-348, Charles Terrell appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to affirm the conviction but modified his sentence from twenty years to ten years. One judge dissented. Charles Terrell was found guilty by a jury for molesting a young girl. The jury decided he should spend twenty years in prison. During the trial, evidence about other crimes was brought up, which included testimony from Terrell's former step-daughter who said Terrell had abused her too. Terrell argued that this testimony was unfair and should not have been allowed, as it could make the jury think he was guilty of more than just the crime he was accused of in this case. The court agreed that mentioning the other crimes was not handled well, as it wasn't properly limited. However, they also believed the main evidence from the victim in this case was strong and enough to show he was guilty. They found that allowing the other testimony did not change the fact that Terrell was guilty, so his conviction stood. On the topic of his sentence, the court thought about how the other crimes evidence might have led the jury to give him a much longer sentence than they would have otherwise. Because of this, they decided to reduce his sentence to ten years instead of twenty. The court concluded that the main evidence was solid, but the details about his past accusations were overly prejudicial and affected the severity of his punishment. The judge also noted that a photograph of the victim was properly allowed into evidence and was not seen as too harmful. In the end, while the conviction remained, the court decided to lessen the time Terrell would spend in prison, trimming it down to ten years.

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F-2006-1095

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In OCCA case No. F-2006-1095, Terry Dewayne Wakefield appealed his conviction for kidnapping, unauthorized use of a motor vehicle, and assault and battery - domestic abuse. In a published decision, the court decided to affirm Wakefield's convictions for kidnapping and unauthorized use of a motor vehicle. However, the sentence for assault and battery - domestic abuse was modified from ten years to one year in the county jail. One dissenting opinion was noted.

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F-2004-935

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In OCCA case No. F-2004-935, Alfred Junior Mills appealed his conviction for burglary. In a published decision, the court decided to modify his sentence from thirty years to twenty years. One judge dissented. The case involved Alfred Junior Mills, who had been convicted of burglary and was sentenced to thirty years in prison. After his appeal, the court looked at some important issues. One issue was about how much time he would actually have to serve. The appellant's team argued that the jury should have been informed about the 85% rule, which means that a person must serve at least 85% of their sentence. This rule was important because it may have changed how the jury decided to sentence him. The court agreed that they should apply this rule to his case because it was decided while his appeal was still going on. They found that the jury might not have given him a thirty-year sentence if they had known he would have to serve at least 85% of that time. So, they reduced his sentence to twenty years instead of thirty. Another part of the appeal was about whether the jury should have considered a lesser crime instead of burglary. The defense had a theory that they believed should have led to a different verdict, but the jury didn't buy it. They thought Mills' story was not believable and gave him a sentence that was much higher than the minimum. The court decided that there was no reason to think the jury would have chosen to give him a lesser charge after they rejected his story so strongly. In conclusion, the court made a significant change to Mills' sentence due to the 85% rule but upheld the conviction for burglary. One judge disagreed with the decision to modify the sentence.

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F-2006-341

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In OCCA case No. F-2006-341, Steven Dale Countryman appealed his conviction for attempting to manufacture methamphetamine, unlawful possession of methamphetamine, possession of a police scanner during a felony, and possession of drug paraphernalia. In an unpublished decision, the court decided to affirm the convictions but modify the sentences to run concurrently, with three years of the sentence on the first count being suspended. One judge dissented.

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F-2006-110

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In OCCA case No. F-2006-110, Gilbert Vega, Jr. appealed his conviction for First Degree Felony Murder (while in the commission of Attempted Robbery with a Firearm). In an unpublished decision, the court decided to affirm the conviction but reverse the sentence and remand for resentencing. One judge dissented. Gilbert Vega, Jr. was found guilty by a jury for the murder of Francisco Hernandez. This murder happened during an attempted robbery at Hernandez's home in Oklahoma City in December 2003. During the trial, the focus was on whether Vega was involved in the incident that led to Hernandez's death. The night of the murder, Hernandez, his girlfriend, and a cousin were in their home when three armed men broke in, threatening them. They physically assaulted the girlfriend and demanded information about money and drugs believed to be in the house. After the attackers had beaten and bound the victims, shots were fired. A neighbor heard the commotion and called for help, but by the time police arrived, Hernandez was dead. Evidence against Vega came mainly from his girlfriend, Rachel Prior. She testified that Vega and his cousin left their home that night intending to rob someone. When Vega returned around 3 a.m., he allegedly threatened her with a gun and described how the robbery went wrong. He claimed to have physically assaulted the girlfriend of the victim and had shot a weapon during the incident. Moments later, police found a gun linked to the crime at Prior's house, and DNA evidence from that gun matched Vega's DNA. In the case, several arguments were debated regarding evidence and trial procedures. Vega's team argued that he was denied a fair trial due to certain evidence being admitted. This included evidence related to a boot print found at the crime scene. The court ruled that these demonstrations were not misleading to the jury and were part of a larger set of evidence against Vega, which included strong DNA evidence. Vega also claimed there were errors in allowing certain evidence about DNA testing from beer bottles found near the crime scene and argued his jury was not properly instructed regarding sentencing rules that could affect his case. However, the court found no significant errors and stated that evidence presented at the trial, including Prior's testimony, was strong enough to support the conviction. Ultimately, while Vega's conviction for murder was upheld, the court determined that he needed to be resentenced.

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C-2006-1079

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In OCCA case No. C-06-1079, Brian Daron Harris appealed his conviction for four counts of First Degree Rape. In a published decision, the court decided that Harris was denied his right to counsel during a critical stage of his case, which was the hearing on his motion to withdraw his guilty plea. The court found that since Harris' attorney was not present at the hearing, he did not have proper legal representation. This decision led to a determination that Harris should be given another chance to have a hearing on his motion to withdraw his plea, this time with independent legal counsel. One judge dissented.

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C-2006-649

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In OCCA case No. C-2006-649, Robert Earl Richardson appealed his conviction for Shooting with Intent to Kill. In an unpublished decision, the court decided to grant Richardson's request to withdraw his guilty plea, which means he will get another chance for a trial. One judge disagreed with this decision. Richardson had originally pleaded guilty to a crime and was sentenced to twenty years in prison. After his sentencing, he wanted to change his mind about the guilty plea and asked to withdraw it. However, there were delays in hearing his request. Nearly four years after he first asked, a different judge finally listened to his case but did not allow him to withdraw his plea. Richardson argued that he didn’t fully understand what he was agreeing to when he pleaded guilty. Specifically, he claimed he was not informed that he would need to serve 85% of his sentence before being eligible for parole, which is known as the 85% Rule. This is important because it means a person might spend a long time in prison before they could have a chance to be released early. During the hearing about his request, Richardson’s lawyer said he usually informs clients about this rule but could not remember if he did so with Richardson. Since there was no clear proof that Richardson was informed about it, the court ruled that he could withdraw his guilty plea. The decision was to reverse the lower court's ruling, allowing Richardson to try again and have a fair trial where he can present his side of the story.

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C-2006-1110

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In OCCA case No. C-2006-1110, Andrew Deon Bowie appealed his conviction for robbery with a firearm and burglary in the first degree. In an unpublished decision, the court decided to grant his petition for certiorari and remand the case for the appointment of new counsel. One member of the court dissented. Andrew Deon Bowie was charged with robbery with a firearm, assault and battery with a dangerous weapon, and burglary. After a preliminary hearing, he agreed to a plea deal and pleaded guilty to robbery and burglary. He was sentenced to thirty years in prison for the robbery and twenty years for burglary, with the sentences running at the same time. Bowie later wanted to challenge his guilty pleas. He argued that he did not have good legal help when he tried to withdraw his guilty pleas because his lawyer had a conflict of interest, which made it hard for Bowie to get proper representation. The law says that people in criminal cases should have effective lawyers who don’t have conflicts that could hurt their case. The court looked at Bowie’s request and agreed that he did not have proper legal help. They found that the trial court should have given him a new lawyer to help with his request to withdraw his pleas, as he was left without anyone to represent him. Because of this, the court said they would let his petition go forward. The decision found that Bowie’s lawyer had acted against his interests by suggesting that Bowie shouldn’t be allowed to withdraw his guilty pleas. This created a conflict which made Bowie unable to defend himself properly. As a result of their findings, the court granted Bowie’s request and sent the case back to the lower court. They instructed the lower court to appoint a new lawyer to help Bowie with his effort to withdraw his guilty pleas. One judge disagreed with this decision, saying that Bowie did not bring up the issue of bad legal help earlier in the process, so it should not be considered now. The dissenting judge felt there was not enough evidence to support Bowie’s claims about needing to withdraw his pleas. Overall, the case was about making sure that Bowie had the right legal support, and the court decided that he didn’t have that, which affected his ability to have a fair process in court.

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F-2006-352

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In OCCA case No. F-2006-352, Jerome Monroe appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to affirm the judgment but reversed the sentence and sent the case back for resentencing. One judge dissented. Jerome Monroe was found guilty of killing his girlfriend, Ronda Doyle, on December 24, 2004. He shot her in the face while they were at home. Monroe claimed that the gun went off by accident while he was trying to unload it. After the shooting, he tried to hide the body and lied to family members about Doyle's whereabouts. The jury had the option to sentence Monroe to life in prison or life without the possibility of parole. He argued that the court should have instructed the jury about the rules regarding parole eligibility. The court later decided that such instructions should be given in these cases, making Monroe eligible for this benefit. Monroe also believed he should have received instructions on a lesser charge of second-degree manslaughter. The court found that while the evidence might support some form of manslaughter, Monroe had admitted to trying to handle the gun while intoxicated, which did not warrant a lesser charge. Regarding Monroe's actions after the shooting, the court explained that his attempts to cover up the crime could be seen as evidence of guilt. Although he wanted his lawyer to object to certain evidence, the court concluded there was no harm since the jury could rightly consider such actions. Monroe argued that his lawyer was not effective, claiming that the lawyer didn't use important information about a witness’s statement. However, the court found that even without the alleged mistakes, Monroe could not show that he was harmed by any of the lawyer's actions. Overall, the court concluded that the main issue in the case was the jury's instructions about the possibility of parole. They determined that the absence of instructions about the 85% rule could have affected the outcome and thus decided the case should be sent back for resentencing.

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F-2006-429

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In OCCA case No. F-2006-429, David Michael Graham appealed his conviction for three counts of Lewd Molestation. In an unpublished decision, the court decided to affirm his convictions but modified the sentences to be served concurrently and dismissed the restitution order. One judge dissented. Graham was found guilty by a jury of three counts of Lewd Molestation. The jury recommended that he serve 20 years in prison for each count, with the last 10 years suspended under probation conditions. The judge also ordered him to pay $10,000 to each victim. In his appeal, Graham argued several things. First, he claimed that the way the prosecutors behaved during the trial made it unfair. He also said the judge didn’t properly inform the jury about how much of his sentence he would have to serve before getting paroled. Lastly, he felt the restitution amount was too high and lacked support from facts. After reviewing the case, the court agreed there was some misconduct but concluded it did not affect the conviction. The appeal also highlighted that the jury should have been told that he needed to serve 85% of his sentence, which led to changing the sentences to concurrent rather than consecutive. The judges found the order for restitution of $10,000 per count was not backed by evidence, so that part was dismissed. The overall opinion was that while the convictions were upheld, the sentences needed to be modified, and the restitution removed. One judge disagreed with modifying the sentences to run concurrently, believing the original sentencing was appropriate.

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F-2006-113

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In OCCA case No. F-06-113, Brown appealed his conviction for drug trafficking and other charges. In a published decision, the court decided to affirm the convictions related to drug trafficking and possession with intent to distribute but reversed the conviction for possession of MDMA with intent to distribute, ordering it dismissed. One judge dissented regarding the dismissal of the MDMA possession charge. Brown was on trial for three main charges: trafficking in illegal drugs (crack cocaine), possession of MDMA with intent to distribute, and eluding a police officer. He was sentenced to life in prison without parole for trafficking, along with fines for the other charges. The case started when Brown led police on a car chase. During the chase, he threw out a bag that was later found to contain crack cocaine and MDMA pills. Brown argued that the trial court made mistakes, including not allowing him a continuance to prepare for trial after he decided to represent himself. The court noted that Brown had a long time to prepare since the case had been ongoing for two years and had already received several continuances. When he asked for a delay on the morning of the trial, it was denied since Brown had indicated he wanted to proceed. He also argued that he should have been given a lesser charge of possession with intent to distribute instead of trafficking. However, since he had over 16 grams of crack cocaine, which met the requirements for trafficking, the court did not agree with this. In another point, Brown claimed that having charges related to two different drugs was unfair and violated laws against double punishment for the same act. The court agreed that both drugs were in one bag and thus counted as a single act, leading them to reverse the MDMA conviction. Brown complained about the removal of a juror who was an intern for the public defender's office, claiming it was unjust. The court found that the trial judge acted properly to ensure an unbiased jury since the intern had worked with Brown's attorney. Lastly, Brown argued that his life sentence was harsh and that he was not allowed to present evidence in his favor during sentencing. However, the court pointed out that presenting such evidence is not a right in non-capital cases. Overall, the court upheld most of the trial's decisions while acknowledging a legal distinction that warranted the dismissal of the MDMA charge. One judge disagreed, feeling the convictions were justified and should stand.

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F-2005-1193

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In OCCA case No. F-2005-1193, Tamara Marine Davis appealed her conviction for Accessory to Felony Murder in the First Degree. In an unpublished decision, the court decided to affirm the conviction but modified the sentence to twenty-five years of imprisonment. One judge dissented regarding the sentence modification. Davis was found guilty of helping her husband after a murder had occurred. She assisted him in hiding evidence and lying to the police. At her trial, Davis presented several arguments for why her conviction and sentence should be overturned. First, she claimed that there was not enough evidence to prove she was guilty of being an accessory after the fact. The court disagreed, ruling that her actions showed she knew the victim was dead when she assisted her husband in getting rid of the victim's belongings and fleeing the state. Second, she argued that the jury heard improper information concerning her probation and parole history, which made them biased against her. However, the court noted that this information was raised by Davis herself to show the witness's bias, so it did not warrant reversal of the conviction. Third, she contended that misconduct by the prosecutor deprived her of a fair trial. The court found that while there were some issues with the prosecutor's questions, they did not significantly affect the outcome of the trial. Davis also claimed she received ineffective assistance from her attorney. The court found that the lawyer's performance was acceptable and that Davis could not show any harm resulting from their actions. Furthermore, she believed the introduction of some irrelevant evidence was unfair. However, the court determined that the evidence did not unduly sway the jury's decision. Davis argued the length of her sentence was too harsh compared to her involvement in the crime, and the court agreed, reducing her sentence from forty years to twenty-five. Lastly, the court found no cumulative errors that would necessitate a different result in the trial. Thus, while the court affirmed the conviction, it took action to lessen the punishment given to Davis.

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C-2006-571

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In OCCA case No. C-2006-571, Robert Carl Sharp appealed his conviction for three counts of First Degree Manslaughter. In an unpublished decision, the court decided to grant certiorari and remand the case to the district court for further proceedings. One judge dissented. Robert Carl Sharp was convicted on January 5, 2006, after he entered guilty pleas to three counts of First Degree Manslaughter in the Pottawatomie County District Court. His sentencing was postponed until a Presentence Report could be made. When he was finally sentenced on February 15, 2006, he received ten years in prison for each count, with the sentences to be served one after the other. After the sentencing, Sharp wanted to withdraw his guilty pleas. He filed an application to do this on February 23, 2006, but during the hearing for this application on March 15, 2006, he was not present. The court denied his application to withdraw his pleas. This led Sharp to appeal the decision, raising several points he believed were errors in the process. Sharp argued that: 1. He was denied his right to be present at the hearing about withdrawing his pleas. 2. His sentences were too harsh and should be changed. 3. He did not get enough time to present evidence that could have helped lessen his sentence. The court looked carefully at Sharp's claims. They found that he did not get to be present at the hearing about his application to withdraw his guilty pleas, and there was no record showing he agreed to not be there. The court stated that a person has the right to be present in any situation that could affect the fairness of the process. Because the hearing where he wanted to withdraw his plea was an important part of the legal process, Sharp's absence was considered a violation of his rights. Thus, the court decided to send the case back to the district court so that Sharp could have a new hearing. This new hearing would allow him to be present and give his side of the story regarding his application to withdraw his guilty pleas. Since they granted his appeal on this matter, the other arguments he made were no longer needed to be considered. In conclusion, the court granted Sharp's request and sent the case back to the lower court for a new hearing. One judge disagreed with this decision, believing that even though he was absent from the hearing, it did not change the fact that his original guilty plea was valid and made willingly.

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F-2005-529

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In OCCA case No. F-2005-529, the appellant appealed his conviction for First Degree Manslaughter and Leaving the Scene of a Fatality Accident. In a published decision, the court decided to affirm the convictions but modified the sentence for First Degree Manslaughter from fifty years to thirty years. One judge dissented.

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F-2005-58

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In OCCA case No. F-2005-58, Alishia Faith Mackey appealed her conviction for permitting child abuse and failure to report child abuse. In an unpublished decision, the court decided to affirm her conviction for permitting child abuse but vacated her conviction for failure to report child abuse. One judge dissented regarding the double punishment issue. Mackey was found guilty by a jury of allowing child abuse to happen and not reporting it. The jury said she should go to prison for twenty years for permitting the abuse and fined her $500 for failing to report it. Mackey argued that the trial had many mistakes, including that a child testified behind a screen without enough evidence to justify it, the jury wasn't properly instructed on possible defenses, and her lawyer didn't do a good job. She believed the sentences were too harsh and that all the errors added up to make her trial unfair. The court looked at each claim. It found that not allowing the child to confront Mackey face-to-face was a mistake, but it was not serious enough to change the outcome since there was a lot of other evidence against her. The court also said that there was no need to instruct the jury on a defense of duress because there was no proof that she was forced to allow the abuse. Additionally, they decided that while the jury didn't get instructions on another defense, it didn't matter because Mackey wasn't charged under that law. For the claims about not being allowed to cross-examine certain witnesses, the court said those decisions were fair and didn't break any rules. They determined that having both convictions didn’t go against laws against double punishment; however, since the two charges came from the same event, she should only receive one punishment. Overall, the court found that while some things in the trial were wrong, they did not change the fact that Mackey was guilty of permitting child abuse. They decided that the punishment for failing to report the abuse should be taken away since it was unfair to punish her twice for the same act. The final decision left her conviction for permitting child abuse in place but removed her conviction for failure to report. The judges had differing opinions on some points, particularly on whether both charges should stand, but the main ruling agreed that her punishment for the failure to report should not continue.

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RE-2006-1308

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In OCCA case No. RE-2006-1308, an individual appealed their conviction for obtaining merchandise by false pretenses. In an unpublished decision, the court decided that the order revoking the suspended sentence for one case was reversed because the court did not have the right to revoke it after it expired, but the revocation for the other case was affirmed. One judge dissented. Here’s a simpler breakdown of the case: The person involved, let's call her Appellant, got in trouble for pretending to be someone else and committing fraud. In 2001, she was given a three-year punishment, but it was suspended, meaning she didn't have to go to jail right away if she followed certain rules. In 2002, she got into more trouble with three more crimes of taking things without paying. Again, her punishment was suspended, allowing her some time to pay back the money she owed. However, by 2003, the Appellant wasn't paying back the money as she was supposed to, so the authorities filed to take away her suspended sentences. Over several years, Appellant was given multiple chances to fix her mistakes and to pay what she owed, but she continued to have problems and missed important hearings. In December 2006, the decision to take away her suspended sentences was finalized. The Appellant argued that the court should not have the power to do that because the time to punish her had already passed. The court agreed on one point: they couldn't revoke one of her sentences because it had expired. But the other case was still valid because some papers had been filed before that expiration. After going through everything, the court reversed the decision about one of the suspended sentences but agreed that the other sentence could still be revoked since she had not followed the rules. This means she would still face consequences for her actions there. In the end, it showed that if you don’t follow the rules when given a second chance, there can be serious consequences, and sometimes time limits can change what can happen in court.

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F-2005-859

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In OCCA case No. F-2005-859, Percy Dewayne Cato appealed his conviction for driving under the influence, driving with a suspended license, and speeding. In an unpublished decision, the court decided to affirm his convictions, but modified one of the fines. One judge dissented. Percy Cato was found guilty by a jury for three different offenses. The first was driving under the influence, which was more serious because he had two previous DUI convictions. The jury gave him a punishment that included time in prison and other conditions like treatment and community service. He was sentenced to a total of four and a half years, with some of that time suspended, meaning he would only serve three years in prison and spend time on probation afterwards. Cato claimed the instructions given to the jury about his previous DUI convictions were wrong, saying they should have been told that one of those convictions couldn't be used to give him a harsher punishment. The court found that this mistake did not harm Cato; he still received a fair punishment based on his actions. He also argued that the way his punishment was split between prison time and treatment violated the law. However, the court ruled that this was okay because the law allows for a mix of punishment and rehabilitation for DUI cases. Cato requested that the jury be told how to consider evidence showing he refused to take a breath or blood test. Although the court said this type of instruction is important, they did not find it necessary in Cato's case because he couldn't prove that it affected the outcome of his trial. In summary, the court upheld the main parts of Cato's punishment while making a small change to one of the fines. The decision was mostly in favor of maintaining his convictions, showing the court believed that the jury's decision was fair and just.

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