Sexual Gratification Archives

F-2017-1098

Post author:Staff
Post published:May 16, 2019
Post category:F

In OCCA case No. F-2017-1098, Rodger Dale Stevens appealed his conviction for performing a lewd act in the presence of a minor. In an unpublished decision, the court decided to affirm Stevens' conviction and sentence. One judge dissented. Stevens was found guilty of a serious crime because he masturbated in front of a seven-year-old boy. The court looked closely at the evidence to see if it proved Stevens was doing this for sexual gratification. The victim testified and provided strong evidence that Stevens derived satisfaction from what he did. Even though Stevens argued that he was just trying to help the boy feel comfortable with his body, the jury did not believe him. Stevens also argued that his punishment was too harsh. Since he had previous felony convictions, his sentence was enhanced under a specific law that allows for harsher penalties for repeat offenders. Stevens said the law was applied wrongly and that he should have received a lighter sentence, but the court found that the jury was correctly instructed on the range of punishment. He raised several other issues, including claims that irrelevant and prejudicial evidence was admitted, and that his lawyer did not defend him properly. However, the court upheld that the lawyer's actions did not negatively impact the trial's outcome. Stevens argued that the life sentence he received was excessive, even claiming the situation was not severe enough for such a strong punishment. The court disagreed, noting the nature and seriousness of the crime and confirming that the sentence was within legal limits and did not shock the conscience. In summary, the court affirmed the conviction and sentence, ruling that the evidence supported the jury's decision and that the legal procedures followed were appropriate.

F-2007-381

Post author:Staff
Post published:May 5, 2008
Post category:F

In OCCA case No. F-2007-381, the appellant appealed his conviction for child sexual abuse, lewd or indecent proposals, and forcible oral sodomy. In an unpublished decision, the court decided to reverse and remand count two while affirming the remaining counts. One judge dissented. Brandon Donell Harris was found guilty of the three offenses in the District Court of Oklahoma County and was given a total of 21 years in prison to serve consecutively. He argued that the state did not provide enough evidence to prove he committed the sexual abuse of a child, that he was wrongfully convicted of lewd acts, that there were issues with the prosecutors' conduct, and that improper comments were made by the trial court during jury selection. The court looked at the evidence and felt that enough was presented to support the sexual abuse conviction, so they upheld that verdict. However, they found that the second count concerning lewd acts required that the child witness the acts, which did not happen in this case. Therefore, they reversed that conviction and instructed for it to be dismissed, while keeping the other convictions intact. For the claims of prosecutorial misconduct and improper trial comments, the court noted that there were no objections made during the trial, so they reviewed these for plain error. They determined that the prosecutor's comments did not significantly impact Harris's right to a fair trial, nor did the trial court's remarks affect the jury's decision. In conclusion, the court reversed the conviction for the lewd acts while affirming the other two convictions and decided that Harris should not be retried on the lewd acts charge. One judge disagreed with the decision to reverse count two, believing the evidence was sufficient to support all charges.

SR-2003-276

Post author:Staff
Post published:March 30, 2004
Post category:SR

In OCCA case No. SR-2003-276, Stephen Lee Terry appealed his conviction for indecent or lewd acts with a child under sixteen. In a published decision, the court decided to affirm the trial court's ruling that dismissed the charges against him. One judge dissented. The case started when Terry was caught secretly videotaping young girls, aged eight to twelve, at a public place. He admitted that he watched these videos for sexual gratification. The court had to decide if his actions were considered a crime under the law. For the law to apply, it needed to be proven that he looked at the body or private parts of the girls, which is one of the elements that must be shown in such cases. The trial court ruled in Terry's favor, stating that simply filming clothed girls in a public space did not meet the legal definition required for the charge against him. While Terry's actions might be seen as inappropriate or offensive, the court concluded that what he did did not violate the law according to the specific requirements set out. Thus, they confirmed the trial court's decision.