Social Security Number Archives

M-2010-341

Post author:Staff
Post published:November 15, 2011
Post category:M

In OCCA case No. M-2010-341, Katherine Denise Burns appealed her conviction for Harassment by Use of an Electronic Device. In an unpublished decision, the court decided to reverse her conviction and instructed to dismiss the case. One judge dissented. Burns was found guilty in a trial in the District Court of Seminole County, where she was accused of sending harassing text messages to Jennifer Johnson. The court sentenced her to six months in jail, but the sentence was suspended. Burns argued that the way the charges were written (the Information) was not clear enough and that the evidence against her was not strong enough to convict her. During the trial, the State presented evidence that Burns sent three text messages to Johnson. The first message included Johnson's social security number, the second suggested Burns knew personal information about Johnson, and the third revealed Johnson's home address. The State claimed that Burns violated a law that prohibits making electronic communications without disclosing one’s identity in a way that annoys, abuses, threatens, or harasses another person. However, the court found that the messages did not meet the legal requirement because Burns’s cell phone number was visible to Johnson. The court concluded that since Burns's identity was clear, she could not be convicted under the law cited by the State. Ultimately, the court decided that there wasn’t enough evidence to prove that Burns committed the specific crime she was charged with, leading them to reverse her conviction and dismiss the case.

F-2000-1634

Post author:Staff
Post published:December 20, 2001
Post category:F

In OCCA case No. F-2000-1634, Edgar Lee Rucker, Jr. appealed his conviction for Unlawful Delivery of a Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to affirm the conviction but modify the fine imposed. One judge dissented. Rucker was found guilty by a jury for selling methamphetamine and was sentenced to twelve years in prison along with a $10,000 fine. He was acquitted of another charge related to marijuana possession. Rucker argued several points in his appeal, claiming violations of his rights during the trial. The first point raised was that it was wrong for both the drug offense and habitual offender statutes to be used in his sentencing. The court acknowledged this as an error but stated that it only affected the fine; they reduced the fine to $2,500 since it was incorrectly calculated originally. Rucker also argued that the evidence was insufficient to prove he was a habitual offender. However, the court found that the State provided enough evidence regarding his past convictions. He claimed that evidence about his previous bad behavior should not have been allowed in the trial, but the court determined it was relevant for understanding the case. Rucker believed that there was a mismatch between the charges and the evidence, but the court concluded the evidence was consistent with the allegations. Another argument was that his lawyer didn’t do a good job representing him. They noted that while the lawyer should have objected more, it didn’t significantly impact the outcome of the trial. Rucker contended that the prosecutor acted unfairly during the trial, but the court found that any mistakes made were corrected and did not deny him a fair trial. Finally, Rucker argued that all the errors combined made the trial unfair, but the court decided that the only significant error was the fine and adjusted it accordingly. In summary, the court upheld Rucker’s prison sentence but modified the fine.