Separate And Distinct Crimes Archives

F-2015-561

Post author:Staff
Post published:October 19, 2016
Post category:F

In OCCA case No. F-2015-561, Walter LaCurtis Jones appealed his conviction for three crimes: Feloniously Pointing a Firearm, Possession of a Firearm After Former Felony Conviction, and Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the convictions and sentences for the first two counts but reversed and dismissed the conviction for Assault and Battery with a Dangerous Weapon. One judge dissented. Walter Jones was found guilty after a trial without a jury. He received seven years in prison for each of the first two counts, which would be served at the same time, and one year in county jail for the third count. The judge also ordered that he would have one year of supervision after his prison time. Jones raised several arguments in his appeal. He argued that there was not enough evidence to support his conviction for Assault and Battery with a Dangerous Weapon, claiming he did not use a dangerous weapon and had no intention to hurt anyone. The court agreed with him on this point and reversed that conviction. For the charge of Feloniously Pointing a Firearm, Jones argued that the gun he pointed at someone was not a real firearm because it was missing a part and could not shoot. However, the court found there was enough evidence to support that he pointed a gun designed to shoot, therefore, they upheld that conviction. In the case of Possession of a Firearm After Former Felony Conviction, Jones contended that the gun could not fire, so he should not have been found guilty. The court decided that it was unnecessary for the gun to be able to fire to prove he had possession of it as a felon, thereby upholding this conviction as well. Lastly, Jones claimed he was facing double punishment for the same crime, which the court did not accept because the two charges involved different actions and did not violate any laws regarding double punishment or double jeopardy. Thus, the court confirmed his sentences for the first two counts while reversing the count for Assault and Battery.

F-2005-620

Post author:Staff
Post published:September 22, 2006
Post category:F

In OCCA case No. F-2005-620, Ryan Anthony Van Winkle appealed his conviction for assault with a dangerous weapon and forcible oral sodomy. In an unpublished decision, the court decided to reverse the conviction for assault with a dangerous weapon but affirmed the conviction for forcible oral sodomy. One judge dissented regarding the reversal of the assault conviction. The case began when Van Winkle was tried by a jury and found guilty of two serious crimes. The jury decided that he should spend five years in prison for the assault and eight years for the sodomy, with these sentences to be served one after the other. During the appeal, several issues were raised. One major question was whether Van Winkle could be punished for both crimes because they were part of the same event. Van Winkle argued that the assault was the same act that made the sodomy forcible, which means he shouldn’t be punished for both under the law. The court looked closely at the details of the case. It found that Van Winkle had threatened the victim with a knife and made her agree to the sodomy because she feared for her safety. They decided that the assault with the knife was not a separate crime from the sodomy since they were tied closely together in this incident. Because of this, the court reversed the conviction for the assault, ordering that charge to be dismissed. While addressing the other arguments made by Van Winkle in his appeal, such as claims about not having a fair trial, the court decided these didn’t require changes since they were mainly related to the assault conviction. In summary, the court kept the conviction for forcible oral sodomy but did not allow the assault charge to stand due to how closely related the two acts were. One judge disagreed with the decision to reverse the assault conviction, believing that both crimes were deserving of punishment.