Shooting with Intent to Kill

F-2019-588

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In OCCA case No. F-2019-588, Ricky Eugene Spencer appealed his conviction for two counts of Shooting with Intent to Kill. In an unpublished decision, the court decided to vacate the judgment and sentence and remand the case for a new trial. One judge dissented. Ricky Eugene Spencer was found guilty of shooting at two people, which led to his conviction. The trial took place in Muskogee County, where the jury decided on a twenty-year sentence for each count. However, the judge allowed for some of that time to be suspended and had conditions for probation. During his appeal, Spencer raised several issues, but one stood out: the jury was given the wrong instructions about transferred intent. This is a legal concept that says if someone means to hurt one person but accidentally hurts someone else, the intent to harm can still apply to the actual victim. The court found there was indeed an error in how the jury was instructed. Spencer did not challenge the instruction during the trial, so the court reviewed the mistake under plain error, meaning it was an obvious error that affected the fairness of the trial. The judge explained that the jury was incorrectly told they could find Spencer guilty of intent to kill based on a lesser intention to injure or scare someone else. This meant they could convict him without the proof needed for a serious crime like shooting with intent to kill. The prosecution argued that Spencer aimed to kill one person and mistakenly shot two bystanders. However, the trial's instructions could have allowed the jury to convict him based on weaker proof than required. During discussions, the jury showed they weren't completely convinced, asking questions that suggested they were unsure. The prosecutor's arguments during the trial also emphasized the wrong aspects of the law, pushing the jury toward an improper conclusion. Overall, the court could not be sure that the jury understood what they needed to prove. Therefore, they ruled that the error affected Spencer's rights significantly, requiring a new trial to ensure fairness. The decision means that Spencer would get another chance to defend himself in court, as the guidelines for convicting him were not properly explained the first time.

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F-2019-417

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In OCCA case No. F-2019-417, Henry Warren Kwe Kwe appealed his conviction for Conjoint Robbery, Shooting with Intent to Kill, Possession of a Sawed-Off Shotgun, and Leaving Scene of a Collision Involving Injury. In an unpublished decision, the court decided to affirm Kwe Kwe's convictions on all counts except for the Victim Compensation Assessment for Count 4, which was vacated. Kwe Kwe dissented. Kwe Kwe was found guilty of several serious crimes stemming from an incident involving a robbery and a shooting. The trial revealed that he, along with accomplices, confronted the victim, demanding her money while one of them displayed a weapon. When the victim attempted to call for help, she was shot in the back with a shotgun. Following this, the robbers took her purse and fled. On appeal, Kwe Kwe raised numerous issues regarding his convictions. He argued that being convicted for both robbery and shooting violated laws against multiple punishments for a single act. However, the court found that the robbery and the shooting were distinct actions. The shooting was meant to prevent the victim from escaping and to eliminate her as a witness, rather than to take possession of her belongings. Kwe Kwe also challenged the sufficiency of the evidence against him, claiming he wasn't the shooter. However, the jury had enough circumstantial evidence to conclude he aided in the crime, as he orchestrated the robbery and knew one accomplice was armed. Also, he was found in possession of a sawed-off shotgun shortly after the incident. The court held that the evidence supported the conclusion he was culpable for aiding and abetting the shooter. Another argument from Kwe Kwe revolved around the legality of the sawed-off shotgun itself. He claimed the prosecution didn't prove the shotgun's barrel was less than 18 inches, which would classify it as sawn-off under the law. Nevertheless, the officer testified that the weapon was a modified sawed-off shotgun and that the jury could determine this after examining it. Moreover, Kwe Kwe claimed that the court’s language when discussing the victim's injuries went against the norms of a fair trial. However, the court found this testimony relevant, as it demonstrated the severity of the attack and the intent behind the actions taken by Kwe Kwe and his accomplices. Lastly, he argued that his legal counsel did not perform adequately by failing to raise certain legal defenses and objections during the trial. Yet, the court determined that any such failures did not adversely affect his rights or the outcome of the case. In summary, Kwe Kwe's convictions remained intact, and while some procedural missteps were noted, none were sufficient to reverse the verdict aside from the correction regarding the Victim Compensation Assessment linked to his charge. The appellate court affirmed the lower court's decision overall, while rectifying the single financial aspect.

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F-2018-147

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In OCCA case No. F-2018-147, Marcus Dewayne Boyd appealed his conviction for First Degree Murder, Shooting with Intent to Kill, and Possession of a Firearm After Former Conviction of a Felony. In an unpublished decision, the court decided to affirm the judgment and sentences from the trial court. One judge dissented. Marcus Dewayne Boyd was found guilty by a jury of serious crimes, including murder and several counts of shooting at people. The jury decided that he should spend life in prison for the murder, twenty years for each shooting count, and two years for the weapon possession. The judge ordered that these sentences should be served one after the other, meaning Boyd would spend a long time in prison before having a chance for parole. During the appeal, Boyd argued several points, saying that his trial was unfair. He mentioned that it was wrong for the court to allow evidence about his gang affiliation. The court saw that this evidence helped explain why the crimes happened, so they disagreed with Boyd's claim. He also said it was unfair that the prosecutor questioned a witness about her relatives who had been prosecuted. The court agreed that this questioning was okay to show potential bias and did not cause an error. Boyd claimed that the way police showed the lineup of suspects was unfair and could influence witnesses. However, the court found the lineup was appropriate and did not break any rules about how police should conduct lineups. Boyd further argued that the prosecution did not share some evidence that could have helped him in his defense, but the court decided that he did not prove this claim. Boyd also objected to how one of the witnesses, who had a prior conviction, was treated in court. The court stated that having a history of misdemeanors is generally allowed as it can show a witness's credibility. Furthermore, Boyd said he was made to wear a ankle restraint during the trial without a good reason. The court recognized that this was not justified but ultimately decided it did not affect the outcome of the trial significantly. On the point of his lawyer's performance, Boyd claimed his lawyer did not defend him properly and raised many issues that could have been objected to but were not. However, the court noted that there were no errors in the trial that would change the outcome, so the attorney’s actions were acceptable. Finally, Boyd argued that the combination of all these issues made the trial unfair. The court agreed that there was only one area where there was an error, but this alone was not enough to convince them that it affected the jury's decision. In summary, the court found no reason to change the conviction or sentence, agreeing that the trial was mostly fair and that Boyd received appropriate legal representation, despite a few concerns about courtroom procedures.

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RE 2018-0118

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In OCCA case No. RE 2018-0118, Samuel Keith Carolina appealed his conviction for violating the terms of his suspended sentence. In an unpublished decision, the court decided to affirm the order revoking his suspended sentence. One judge dissented. Samuel Keith Carolina had originally been sentenced to twenty years for burglary, but the last ten years were suspended while he followed certain rules. However, in December 2017, the state accused him of committing several new crimes, including assault and battery with a deadly weapon and shooting with intent to kill. Some of these claims were removed before the revocation hearing. At the hearing held on January 30, 2018, the judge found enough evidence to support the state's claims, specifically the first allegation. Carolina argued that the evidence was not strong enough to prove he broke the terms of his sentence. The court explained that to revoke a suspended sentence, the evidence just needs to show that it's more likely true than not, meaning the evidence has to be convincing. Ultimately, because they found that there was enough evidence to support at least one of the violations, the court decided to uphold the revocation of Carolina's suspended sentence.

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PC-2017-322

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In OCCA case No. CF-2004-4488, the petitioner appealed his conviction for murder and shooting with intent to kill. In an unpublished decision, the court affirmed the conviction, stating that his consecutive sentences do not violate constitutional protections against cruel punishment. One judge dissented on the reasoning. [occa_caption]

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S-2016-1126

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In OCCA case No. S-2016-1126, David James Miller appealed his conviction for Assault and Battery With a Deadly Weapon. In an unpublished decision, the court decided to dismiss the appeal. No one dissented. In this case, the State charged the defendant with a serious crime after an incident where he allegedly shot someone. The defendant argued that he acted in self-defense. He wanted the court to believe that he should not be punished for what he did because he was protecting himself. During a hearing, the defendant provided his explanation, while the State presented evidence to counter his claims. The court listened to both sides and eventually agreed with the defendant, deciding that he was immune from prosecution based on self-defense laws. This ruling meant that the case against him could not continue. The State did not agree with the court's decision and decided to appeal. They believed that the judge did not consider their evidence properly and that the ruling was unfair. However, when the appeal was reviewed, the court found that the State did not show clear legal reasons for their complaint. The judges noted that the lower court had allowed the State to present their evidence and arguments. In the end, the court concluded that this was not a matter they could reconsider as it had to do with factual evidence rather than legal issues. Because of this, the court dismissed the State's appeal.

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RE-2015-104

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In OCCA case No. RE-2015-104, Eric Lamont Muhammad appealed his conviction for revocation of his suspended sentence. In an unpublished decision, the court decided to reverse the District Court's order to revoke his sentence and send the case back for further proceedings. One judge dissented, arguing that the hearing was held in a timely manner.

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F-2015-374

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In OCCA case No. F-2015-374, Jerrell Otis Thomas appealed his conviction for Shooting with Intent to Kill, Robbery with a Weapon, and Possession of a Firearm After Former Conviction of a Felony. In an unpublished decision, the court decided to affirm the conviction for Shooting with Intent to Kill and Possession of a Firearm, but to reverse the conviction for Robbery with a Weapon with instructions to dismiss. One judge dissented. Jerrell Otis Thomas was found guilty by a jury for three serious crimes. The main issue was whether he was being punished too harshly for his actions. He argued that he should not have been convicted for both Shooting with Intent to Kill and Robbery with a Weapon because they were connected, like two parts of the same event. The court agreed with him on this point and felt that, under the law, he should not be punished twice for what they saw as one act. Thomas also claimed that he did not get a fair trial because the public was kept out of the courtroom while a key witness testified. The court looked into this and decided that the closure was justified due to threats made against the witness, ensuring their safety. He further claimed that his lawyer did not help him enough during the trial. After considering all the facts, the court found that his lawyer did their job okay, and there wasn't enough evidence to show he was harmed by their actions. Finally, the judge determined that the way Thomas's sentences were set to run (one after another) was acceptable, even though they reversed one of his convictions, meaning he would serve less time than originally planned for that charge. Overall, Thomas won on one point regarding his robbery conviction, meaning that part of the punishment was taken away, but his other convictions were upheld. The court’s decisions aimed to ensure no unfair punishment occurred while also maintaining the law's integrity.

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F-2014-974

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In OCCA case No. F-2014-974, Donald Edward Tolliver, Jr. appealed his conviction for Shooting With Intent to Kill. In an unpublished decision, the court decided to affirm the conviction and sentence but vacated the restitution order, requiring a new determination of the victim's losses. One judge dissented. Tolliver was found guilty by a jury and received a thirty-five-year sentence, with thirty-two years suspended. He had to pay over $10,000 in restitution, which he appealed, arguing several points about his trial. He claimed the trial court made several errors. First, he believed the court should have instructed the jury on lesser-included offenses, like Assault and Battery, but the court noted that Tolliver had proclaimed his innocence and did not show he committed any lesser crime. Second, he argued the court should have included an instruction about flight, which might help explain his actions after the shooting. However, because he did not properly ask for this during the trial, the court ruled he could not bring this up on appeal. Third, he accused the prosecution of misconduct, arguing this affected his chance for a fair trial. However, the court found that while some actions by the prosecution could be questionable, they didn't constitute an error that would change the outcome of the trial. In his fourth argument, Tolliver said the court didn't follow proper rules regarding restitution calculations. The appellate court agreed with this point, stating that the evidence did not clearly show the victim's actual losses. Fifth, he argued the thirty-five-year sentence was excessive. The court disagreed, finding the sentence appropriate given the crime. Finally, he claimed that all the errors combined took away his right to a fair trial, but the court noted there wasn’t enough evidence to support this claim either. Ultimately, while Tolliver's conviction and sentence were upheld, the restitution order was sent back to the lower court for further consideration of the victim's financial losses.

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C-2014-584

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In OCCA case No. C-2014-584, Gilbert Paz appealed his conviction for First Degree Felony Murder, Shooting with Intent to Kill, Conspiracy, Attempted Robbery with a Firearm, and Possession of a Firearm After Conviction of a Felony. In an unpublished decision, the court decided to vacate the District Court's denial of Paz's Motion to Withdraw Plea and remanded the case for further proceedings. One member of the court dissented. Gilbert Paz was involved in a serious crime case where he initially pleaded guilty to multiple charges. After some time, he wanted to take back his guilty pleas, claiming that he didn’t fully understand what he was doing when he agreed to the plea deal. He felt confused and believed his lawyer wasn't helping him properly. The case started when a burglary went badly, resulting in one person being killed and another being hurt. After his guilty pleas were accepted in court, Paz tried to withdraw them, but the judge said no. The judge continued to give him time to get a new lawyer but did not allow him to take back his pleas. Paz argued five main points in his appeal. He claimed that the judge helped too much during his plea negotiations, that his guilty plea was not made knowingly or intelligently, that he was denied his right to have a lawyer present during important parts of the trial, and that his lawyer did not provide effective help. He also claimed that all these issues together made it unfair for him. The court reviewed everything and determined that the main issue was that Paz did not receive the help of a lawyer when trying to withdraw his guilty pleas. Both Paz and the State agreed that he should have had a lawyer to assist him in this situation. The court recognized that without proper counsel, Paz's claim that his pleas were not voluntary could not be dismissed as harmless. As a result, the court decided to vacate the previous decision and send the case back to the District Court so they could properly address Paz's request to withdraw his pleas.

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C-2013-1046

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In OCCA case No. C-2013-1046, Ronald Franz appealed his conviction for Accessory After the Fact to Shooting with Intent to Kill. In an unpublished decision, the court decided to grant his petition for writ of certiorari and remanded the case to the district court for a proper hearing on his motion to withdraw his guilty plea. One judge dissented.

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F-2012-567

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In OCCA case No. F-2012-567, the appellant appealed his conviction for first-degree murder, shooting with intent to kill, and possession of a firearm after conviction of a felony. In an unpublished decision, the court decided to affirm the conviction but modified the sentence for the first-degree murder charge to life imprisonment with the possibility of parole, and the sentence for the possession of a firearm charge to seven years imprisonment. One judge dissented regarding the sentence modification. Mario Lenard Phenix was found guilty of killing Nicholas Martin and injuring Alex Shaw during a dispute on December 31, 2010. The incident involved Phenix, his former girlfriend, and her friends after a night out at a club. Phenix had been angry after his girlfriend ended their relationship, which led to threatening phone calls and ultimately to the shooting. The trial revealed different accounts of what happened that night. Witnesses said Phenix confronted the men with a gun, fired at them, and later, after a struggle, shot Martin again while inside his car. Phenix claimed he shot in self-defense, saying Martin was armed and aggressive. However, the jury rejected this, finding him guilty of murder and other charges. During the trial, Phenix raised several issues on appeal. He argued that he should have been allowed to present a lesser charge of manslaughter. However, because his self-defense claim would have resulted in an outright acquittal if believed, the court found that the jury's instructions were sufficient. Phenix also claimed that the trial process was unfair because the order of presenting evidence might have influenced the jury's decision on punishment. The court agreed that there was a procedural error but found it did not affect the fairness of the trial or the sentence imposed, except for the first-degree murder, which was modified to allow parole. Other arguments related to the introduction of evidence about Phenix's past violent behavior and comments made by the prosecutor during closing arguments were also addressed. The court found no prejudicial errors in these matters that would have affected the trial's outcome. In summary, the decision affirmed the conviction while modifying certain sentences, indicating that, despite some procedural issues, the overall due process was upheld in the trial.

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F-2011-693

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In OCCA case No. F-2011-693, Michael Wayne Dorsey appealed his conviction for Manslaughter in the First Degree and Shooting with Intent to Kill. In a published decision, the court decided to affirm Dorsey's conviction and his sentences but vacated the $5,000 victim compensation assessment set by the trial court. One member of the court dissented. Dorsey was found guilty by a jury of manslaughter and shooting with intent to kill. The jury decided on a punishment of thirty years for manslaughter and five years for the shooting charge, which would be served one after the other. Dorsey argued that he should have been allowed to use self-defense as a reason for both charges, but the court found that the instructions given to the jury were correct. Dorsey also claimed that the trial judge made an error with jury instructions regarding self-defense and intoxication, but the court disagreed. He further asserted that his lawyer was not effective because there was no objection raised to those jury instructions, but the court ruled that there was nothing wrong with the instructions in the first place. Lastly, Dorsey objected to the judge imposing the victim compensation amount without considering several important factors. The court agreed that the judge did not properly assess the situation and sent the case back to the trial court for a new decision on the compensation amount. Thus, the main outcome was that while Dorsey's conviction was upheld, the court required a reconsideration of the victim compensation assessment based on certain statutory factors outlined in the law.

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RE 2011-0359

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In OCCA case No. RE 2011-0359, Lorance Ridell Dever appealed his conviction for a violation of probation after pleading guilty to Assault and Battery with a Deadly Weapon. In an unpublished decision, the court decided to reverse and remand the case, meaning they disagreed with the lower court's decision to revoke his suspended sentence. One judge dissented.

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F-2010-466

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In OCCA case No. F-2010-466, William Michael DeMoss appealed his conviction for three Counts of Shooting with Intent to Kill and one Count of Assault with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the convictions but vacated the fines associated with each count. One judge dissented. William Michael DeMoss was found guilty of serious crimes, including trying to kill people and attacking someone with a weapon. The jury decided he should go to prison for a long time and also pay money as fines. DeMoss didn’t think the trial was fair and said there were many mistakes made. He argued that there wasn't enough proof to find him guilty, that he couldn’t hear well during the trial, and that he should have had help from experts to prove he had problems. The court looked closely at what DeMoss said and also reviewed all the evidence. They decided that there was enough proof to show that DeMoss did commit the crimes. The court didn’t think his defense attorney did anything wrong to hurt DeMoss's case and that the decisions made during the trial were fair. They also found out that even though there were some mistakes, such as telling the jury they had to give fines when they really didn’t have to, it didn’t change the outcome of the trial. In the end, they agreed with the jury’s decision but took away the fines because it wasn’t right for the jury to have to give them. This means he still has to serve a long prison sentence, but he won't have to pay those extra fines. The court decided that everything else about the trial was okay, and DeMoss's appeal was mostly denied.

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F-2009-335

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In OCCA case No. F-2009-335, Jermaine Darnell Jeffery appealed his conviction for First Degree Felony Murder and other charges. In an unpublished decision, the court decided to reverse the conviction for Shooting With Intent to Kill and affirmed the other convictions. One judge dissented. Jermaine was found guilty of several serious crimes related to a shooting incident. During the trial, the jury decided on punishments for his actions, including life in prison for murder. Jermaine argued that there wasn't enough proof to connect his shooting with the death of the victim and that he was punished unfairly for the same crime more than once, which is known as double jeopardy. He also claimed that his rights were violated when the court allowed evidence about his silence after being arrested and that hearsay statements from other witnesses should not have been allowed. Jermaine felt he did not get a fair trial because the prosecutor talked about things not proven in court and that his punishment was too harsh. Additionally, he argued that his lawyer did not do a good job by not pointing out mistakes during the trial. The court reviewed all the evidence and arguments. They agreed that there was enough proof for the murder charge but recognized a mistake in charging Jermaine with both murder and the shooting he did, leading to the reversal of that specific charge. The court found that some errors did happen, but most were not serious enough to change the outcome of the trial. In the end, they upheld the punishments for the other crimes while agreeing to dismiss the shooting conviction.

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C 2008-1183

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In OCCA case No. C 2008-1183, Kory Williams appealed his conviction for multiple crimes, including shooting with intent to kill and possession of a firearm. In a published decision, the court decided that his plea was not made knowingly and voluntarily, leading to the granting of his petition for certiorari. The judgment and sentence were vacated and the case was sent back for further proceedings. One member dissented.

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C-2008-938

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In OCCA case No. C-2008-938, William Eugene Henderson appealed his conviction for multiple crimes including robbery, shooting with intent to kill, kidnapping, larceny of an automobile, third-degree arson, and assault and battery with a dangerous weapon. In a published decision, the court decided that Henderson's pleas of guilty were knowing and voluntary, affirming the sentences for most of the counts. However, the court found that the kidnapping charge was not separate from the robbery and reversed that conviction, ordering it to be dismissed. One judge dissented on the issue of the kidnapping conviction.

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F-2007-526

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In OCCA case No. F-2007-526, Chavis Lenard Day appealed his conviction for Shooting with Intent to Kill and Attempted Robbery with a Dangerous Weapon. In a published decision, the court affirmed the judgment and sentence from the District Court. One judge dissented. Chavis Lenard Day was found guilty by a jury for two crimes: shooting someone with the intention to kill and attempting to rob that person using a dangerous weapon. The jury decided that he should serve life in prison for both crimes, but these sentences would happen at the same time, not one after the other. During his appeal, Day raised several concerns about his trial. First, he argued that he should not be punished separately for both crimes because it might violate rules against double jeopardy, which means being tried for the same crime twice. However, the court found that it was okay to punish him for both offenses. Day also questioned if the person who identified him as the shooter was telling the truth. The court looked at the evidence and determined that the jury was allowed to trust this witness's testimony, even if it was challenged during the trial. Another issue Day raised was about the advice given to the jury. He claimed the judge didn’t give certain instructions, like reminding them that eyewitnesses can make mistakes. The court decided that these instructions were not necessary and that the trial was fair. Day also thought a witness should not have talked about changing a photo used in the trial because it could confuse the jury. The court explained that mentioning this did not mean Day had done something wrong or had been involved with gangs. Additionally, Day argued that the jury should have been told about how long he would have to serve in prison before being eligible for parole. However, the court found that the law did not require that information for his specific charge. Finally, Day pointed out that a mistake was made in official documents. They stated he was guilty of robbery when he was actually guilty of attempted robbery. The court agreed and said they would fix this error in the official records. In conclusion, the court affirmed Day's punishment but ordered that the documents reflect the correct details of the conviction. Overall, the court found that none of Day's complaints were enough to change the outcome of the trial except for the clerical correction.

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F-2007-340

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In OCCA case No. F-2007-340, Robert Dewayne Hayes, III appealed his conviction for First Degree Murder Youthful Offender, Shooting with Intent to Kill, and Assault with a Dangerous Weapon. In an unpublished decision, the court decided to affirm his convictions for First Degree Murder and Assault with a Dangerous Weapon, but reversed the conviction for Shooting with Intent to Kill with instructions to dismiss. 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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F-2004-1279

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In OCCA case No. F-2004-1279, Daniel Hawkes Fears appealed his conviction for multiple counts including Murder in the First Degree and Shooting with Intent to Kill. In an unpublished decision, the court decided to reverse his convictions due to prosecutorial misconduct and insufficient evidence of sanity at the time of the crimes, ordering a verdict of not guilty by reason of insanity. One judge dissented, arguing that the jury should have had the proper instructions for a retrial instead of this decision.

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F-2005-1031

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In OCCA case No. F-2005-1031, Edgar Allen Moore appealed his conviction for Shooting with Intent to Kill and Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to reverse the conviction for Concealing Stolen Property and affirmed the conviction for Shooting with Intent to Kill, but ordered a remand for resentencing. One judge dissented. Moore was found guilty by a jury of two charges. The first was that he shot someone, and the second was for hiding a stolen gun. The jury said Moore should spend fifty years in prison for the shooting and five years for concealing the gun. Moore believed he shouldn’t be punished for Concealing Stolen Property because the evidence wasn’t strong enough to prove he knew the gun was stolen. When the police arrived, Moore acted nervous. He removed the ammunition from the gun and claimed he did it, but he didn’t say anything to show he knew the gun was stolen. The prosecution had to show that he knew the gun was stolen for him to be guilty of concealing it, but the court found that they didn’t have enough proof. Another issue was that the prosecutor talked about Moore’s right to stay silent in front of the jury. The comments made by the prosecutor were not allowed. The court decided that the prosecutor made a mistake by suggesting that Moore was acting suspiciously because he didn’t say anything about the gun being stolen. This made it hard for the jury to decide fairly. For the Shooting with Intent to Kill charge, there was enough evidence presented, as many people saw Moore shoot the gun at the victim. The jury deliberated and sent a note asking questions about the potential length of the sentence and whether Moore could get parole. Moore’s attorney asked the court to tell the jury about the law that states he must serve 85% of his sentence for this type of crime, but the court refused to provide this information. Ultimately, the court decided that Moore's first conviction was valid, but he deserved a new sentencing hearing so he could have proper instructions given to the jury regarding his sentence. The bad ruling about the Concealing Stolen Property charge meant that this conviction was completely reversed. The court confirmed that the results were correct but expressed that reminders about procedures regarding juries should have been followed properly. The final ruling led to Moore's sentence for the serious crime being upheld, but he will have another chance with a new hearing about how much time he must actually serve.

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F-2005-684

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In OCCA case No. F-2005-684, Aaron Christopher Marks appealed his conviction for shooting with intent to kill, robbery with a firearm, and possession of a firearm after a former felony conviction. In a published decision, the court decided to modify the sentence for shooting with intent to kill to forty-five years in prison but upheld the conviction. One judge dissented, arguing that there was no need for sentence modification since the jury likely did not need instruction on parole eligibility and the original sentence was justified based on the evidence presented.

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S-2005-1067

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In OCCA case No. S-2005-1067, one person appealed his conviction for Shooting with Intent to Kill, Kidnapping, and Assault and Battery. In an unpublished decision, the court decided to affirm the trial court's ruling that denied the State's request to use the transcript of a witness's preliminary hearing testimony during the trial. One judge dissented. The case involved Deangelo Favors and another person who were charged with serious crimes. During the preliminary hearing, a key witness, Roberta Verner, testified, but another potential witness, Lesha Huggins, was not allowed to testify even though the defense wanted to present her testimony, claiming it would prove Verner lied about the crimes. The judge decided that Verner was unavailable for the trial, which meant her earlier statements could not be used unless the defense had a chance to fully question her and present their case. The judge believed that not allowing Huggins to testify took away the defense's opportunity to question Verner properly. The State wanted to appeal the decision, saying it was wrong to not allow them to use Verner’s testimony. However, after looking closely at the facts and arguments from both sides, the court found that the trial judge acted correctly in not letting the State use Verner's earlier testimony. The court noted that it is important for defendants to have the right to question witnesses against them, and that this right was not met in the preliminary hearing because the defense could not call Huggins to support their case. In the end, the decision to deny the State's appeal was upheld, and the case was sent back to the lower court for more proceedings based on the ruling.

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