State of Oklahoma

F-2009-530

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In OCCA case No. F-2009-530, Jacinda Simone Osborne appealed her conviction for First Degree Robbery. In an unpublished decision, the court decided to modify her conviction to Second Degree Robbery. No one dissented. Osborne was found guilty of robbing someone in Tulsa County. The jury said she should serve fifteen years in prison and pay a $5000 fine. She felt that the trial did not go well for her. She raised three main points that she thought were errors. First, she believed the court should have explained to the jury what serious bodily injury meant. Second, she thought the jury should have been given the option to consider a lesser crime, Second Degree Robbery. Third, she claimed there wasn't enough evidence to support the serious charge of First Degree Robbery. The court reviewed everything carefully. They looked at the facts of the case and the laws. They agreed with Osborne on her third point. Even though the victim was hurt during the robbery, the proof did not show that the robbery met the higher standard needed for First Degree Robbery. There were no serious injuries or threats that would elevate the crime from Second to First Degree. So, the court changed her conviction to Second Degree Robbery, which is a lesser charge. The court said her original sentence would stay the same. This means that while the serious charge was changed, she would still serve fifteen years in prison and pay the fine. Since they found merit in her third point, they did not need to decide on the first two points she raised. The conclusion was that Osborne's conviction was modified, but the punishment was upheld.

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S-2009-1176

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In OCCA case No. S-2009-1176, Don Wayne Townsend Jr. appealed his conviction for Omission to Provide for Minor Child. In a published decision, the court decided to affirm the trial court's dismissal of the case. No one dissented. In this case, Townsend was initially charged with not providing for his child, which was a violation of the law. However, after the state presented its evidence, the trial judge decided that the evidence was not strong enough to continue the trial. The state then sought to appeal this decision, asking if the judge made a mistake in dismissing the case. The court looked carefully at the situation and found that the state's question was not really about the law, but rather about whether the evidence was enough to prove Townsend's guilt. The court explained that proving someone is guilty requires showing they willfully did not support their child for a long time. They also stated that it must be shown that the person had a legal obligation to pay child support. Ultimately, the court agreed with the trial judge's decision and found no error in dismissing the case against Townsend. This means that the matter was closed and he could not be tried again for this charge. The court's decision was recorded, and they indicated that the dismissal order would stand.

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S-2009-567

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In OCCA case No. S-2009-567, the appellant appealed his conviction for possession of methamphetamine with intent to distribute and possession of drug paraphernalia. In an unpublished decision, the court decided to affirm the district court's order suppressing certain evidence. One judge dissented. Charles Stephens was arrested after police searched his apartment and found illegal drugs. He asked the court to remove the evidence from the case, saying the police had not followed the law when they obtained it. Initially, a lower court agreed to suppress some of the evidence but allowed some to remain. The State, unhappy with this decision, did not properly challenge the ruling. Later, another judge looked at the case and agreed that since the State did not appeal the initial ruling, they had to follow it. The judge then decided that the evidence not suppressed was also obtained through illegal means and thus had to be removed from consideration in the trial. The State argued against this decision, claiming the suppression ruling was wrong and that the defendant did not have a right to claim ownership of some of the evidence. However, the higher court, after reviewing the case, found that the lower court was correct in its rulings. The final decision was to keep the evidence suppressed, meaning it could not be used against the appellant in court.

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F-2009-236

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In OCCA case No. F-2009-236, James Lee Copeland, Jr. appealed his conviction for Attempted Robbery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm his conviction but ordered the district court to correct the official record to properly reflect the conviction and remove an incorrect statement about parole eligibility. One judge dissented.

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RE-2010-304

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In OCCA case No. RE-2010-304, Jason Dean Vansickle appealed his conviction for Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to modify the order related to his suspended sentences. One judge dissented. Here’s a summary of the case: Jason was found guilty of two counts of Knowingly Concealing Stolen Property. The judge initially decided to wait five years before making a final decision about Jason's punishment, allowing him to follow some rules during that time. But later, the state said Jason broke those rules by using drugs and not paying fees. After a hearing, the judge decided that Jason did break the rules and ordered that he serve a year in jail. The judge added that if Jason could finish rehab during that year, he could avoid additional punishment. Jason disagreed with the judge's decision, especially the part about needing to serve a calendar year in jail, believing it meant he had to stay there every day without earning any time off. The court agreed with Jason that the judge didn't have the authority to set his punishment this way. It clarified that any time taken off his punishment should be based on the original sentence without this added calendar requirement. The court decided that the year part of the sentence, as described by the judge, should be changed. They kept the other parts of the judge's decision the same but removed the requirement for serving a calendar year in jail. Overall, the case highlighted that judges must follow specific rules when deciding on punishments and that adding extra conditions could go beyond what they are allowed to do.

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S-2009-667

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In OCCA case No. S-2009-667, the State of Oklahoma appealed its conviction concerning Christy Anne Selders. In a published decision, the court decided to affirm the decision of the District Court of Tulsa County, which dismissed one of the charges against Selders. One judge dissented. The case began when Selders was charged with trying to make illegal drugs and also for defrauding a hotel. During the preliminary hearing, the judge had to decide if the police had a good reason to search Selders' hotel room and if they could use the evidence found there. After the State presented its case, Selders argued that the police search was not legal because they didn't have the right to enter the hotel room without proper permission. The judge agreed with Selders and decided to dismiss the charge related to manufacturing drugs, saying that the evidence was not strong enough to link Selders to the crime. The State didn't agree with this decision and decided to appeal, saying the judge made mistakes. They believed that Selders had given permission for the search and that there was enough evidence to try her. Another judge reviewed the case and eventually decided to uphold the original judge's decision. This judge agreed that the police may have thought they had permission to search, but still, they couldn’t prove that Selders was connected to any illegal activity in the hotel room. After reviewing everything, the court decided not to change the first ruling. They said that the dismissal of the charge was correct and that there was no abuse of discretion by the judges involved in the case. In the end, the court confirmed that the order to dismiss the charge against Selders was valid, meaning she would not face trial for that particular accusation.

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C-2008-1155

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In OCCA case No. C-2008-1155, Sean Phillip Gillen appealed his conviction for Distribution of Controlled Dangerous Substance to a Minor, Rape in the Second Degree, Unlawful Possession of Drug Paraphernalia, and Obstructing an Officer. In a published decision, the court decided to deny the appeal for three of the counts but allowed Gillen to withdraw his plea for the fourth count. One judge dissented. Gillen had entered guilty pleas to all counts in a previous court. He was given ten years in prison for the first two counts and one year for the last two counts, all to be served at the same time. After some time, Gillen wanted to withdraw his guilty pleas, claiming various issues, including that he was not competent to make the plea, and that he did not have good legal help. The court looked at several issues. It found that Gillen was competent to enter his guilty plea because he had previously been deemed competent only a few months before. The judge in the initial court talked with Gillen, and Gillen understood what he was pleading guilty to. Also, since his lawyer did not question Gillen’s competence during the plea hearing, the court believed it was acceptable to keep the plea. However, when considering the plea for the count of Obstructing an Officer, the court found that there was not enough evidence to support this charge. The record showed that when asked if a runaway was inside the house, Gillen first said no but then admitted that the runaway was there. The court couldn’t see this as a clear act of obstruction. On the other issues, the court found that Gillen's pleas to the other counts were made knowingly and willingly. It rejected Gillen's claims that he did not have good legal help and that his sentence was too harsh. The court ruled that the ten-year sentence for his serious charges was not shocking and was appropriate. In summary, the court decided that Gillen could not take back his pleas for the first three counts but could withdraw his guilty plea for the fourth count, which was about obstructing an officer. The dissenting judge believed that Gillen should have a hearing to discuss whether he really understood what it meant to plead guilty without a deal, considering his past mental health issues.

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F-2008-824

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In OCCA case No. F-2008-824, Allen James Taylor appealed his conviction for multiple crimes including conspiracy and burglary. In an unpublished decision, the court decided to affirm his termination from Drug Court but ordered that his sentences should be served concurrently rather than consecutively. One judge dissented. In this case, the appellant had agreed to plead guilty and was initially sentenced with his sentences suspended, meaning he would not serve time in prison right away but had to follow conditions of probation. Later, the appellant breached the terms of his probation, leading to the state applying to revoke his suspended sentences. He then participated in a Drug Court program, which was intended to help him with substance abuse issues. However, after a while, he was terminated from this program due to more violations. When he was removed from Drug Court, the court ended up ordering him to serve his sentences one after the other instead of at the same time, which was against what was originally agreed upon. The court felt that this was not right and decided that the sentences should indeed run at the same time, completing the original terms set forth at the beginning. The appellant argued that he was not correctly represented by his lawyer when he entered Drug Court and that his original guilty plea should not be valid. However, the court noted these concerns were not the focus of this specific appeal regarding the Drug Court termination. In the end, the court confirmed the appellant’s Drug Court termination but corrected how his sentences were to be served, stating they should be concurrent rather than consecutive. This concluded the key aspects of the case.

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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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S-2009-363

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In OCCA case No. S-2009-363, Heather Renee Trask appealed her conviction for First Degree Child Abuse Murder. In an unpublished decision, the court decided to affirm the district court's ruling that prevented the State from arguing alternative theories of guilt against her. One judge dissented. Heather Trask was arrested and charged with very serious crimes after her baby daughter, Mackenzie, died. The baby had injuries that suggested she had been hurt badly. Evidence from doctors showed that the baby died from head injuries caused by blunt force trauma. When the baby was found, she was not breathing and could not be revived. During the trial of Heather's husband, he testified about the night of the baby’s incident. Heather left for work after 7:00 p.m. on the night of the tragedy, and her husband was the only adult with the baby after that time. The experts in the trial said the baby must have suffered severe injuries shortly before she died, but they could not pinpoint the exact moment it happened. The district court listened to the arguments and decided that there was enough evidence to show that Heather’s husband was likely the one who caused the fatal injuries. Because of this, the court ruled that the State could not present alternative theories that might shift blame to Heather. After hearing everything, the appeals court agreed with the district court's decision. They determined that the lower court did not make a mistake by blocking the State from using other theories to argue guilt. Therefore, the ruling that prevented the State from pursuing various angles was upheld, affirming the decision made by the district court.

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C-2009-317

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In OCCA case No. C-2009-317, Lee Otis Robinson, Jr. appealed his conviction for entering a no contest plea. In a published decision, the court decided to grant Robinson a new hearing to withdraw his plea. One judge dissented. Robinson had entered his no contest plea in the Oklahoma County District Court but later wanted to change that decision. He argued that he didn't fully understand what he was doing when he entered the plea and that he had been confused and misled. Additionally, Robinson claimed that he didn't get good help from his lawyer. His lawyer was supposed to represent him during the plea hearing and also during the hearing where Robinson asked to change his plea. However, during the second hearing, the lawyer ended up saying things that were against Robinson’s interests. This created a problem because it meant that Robinson wasn't getting fair help from his lawyer, and he was disadvantaged in his efforts to withdraw his plea. The court found that it was important for Robinson to have a different, unbiased lawyer for a fair hearing. They decided he should be allowed to have a new hearing with a lawyer who had no conflict of interest. The ruling meant that Robinson's case would be sent back to the district court so that the new hearing could take place.

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S-2009-235

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In OCCA case No. S-2009-235, Angel Chavez appealed his conviction for Trafficking in Illegal Drugs (Cocaine). In an unpublished decision, the court decided to affirm the trial court's ruling, which granted a motion to suppress evidence. The court found that the police officer did not have enough reason to keep Chavez detained after a traffic stop, meaning the search that followed was not valid. One judge dissented.

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RE-2008-880

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In OCCA case No. RE-2008-880, William John Myers appealed his conviction for two counts of Second Degree Arson. In an unpublished decision, the court decided to reverse the revocation order in one of the cases but affirmed the revocation in the other case. One judge dissented. Myers had earlier pleaded guilty to two arson offenses and received a suspended sentence of 20 years, with the first 7 years of that sentence active, meaning he had to serve that time in prison unless he followed probation rules. Later, in 2008, the court found that he had broken the rules of his probation, leading to the judge revoking the suspended part of his sentence. Myers argued that one of his revocations should not have happened because the State did not file a required petition to seek that revocation. The court agreed with him, stating that without the petition, they did not have the authority to revoke his sentence for that case. However, for the other case, where Myers had also violated probation, the court held that the decision to fully revoke the suspended sentence was within the trial court's discretion, and they found no mistake in that ruling. Therefore, the court decided to reverse the order about the first case but keep the revocation in place for the second case. This means that Myers still has to serve part of his sentence for the second case while the order regarding the first case was sent back to the lower court to clarify that he still has his suspended sentence in that case.

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F-2008-531

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In OCCA case No. F-2008-531, Jim Evans appealed his conviction for possession of a controlled drug and embezzlement. In an unpublished decision, the court decided to affirm his termination from Drug Court and vacate part of his sentence. One judge dissented. On November 29, 2006, Jim Evans pleaded guilty to two crimes: possession of a controlled drug after having a felony conviction, and embezzlement. The court sentenced him to five years for possession and one year for embezzlement, with both sentences running at the same time. He could avoid serving this time if he successfully completed a Drug Court program, but if he failed, he would have to serve his sentences. On May 22, 2008, Evans was taken out of the Drug Court program, leading to his appeal. He claimed three main issues: First, during his hearing, he wasn't properly confronted with a witness against him, and his lawyer let him say things that made him look guilty. Second, he thought the court made a mistake by considering evidence that shouldn’t have been allowed. Third, he argued the court couldn't extend his probation past his original sentence. About the first two points, Evans said his lawyer should have stopped the officer from speaking about what another person said. He contended this wasn't fair. The court examined his claims and found that the rights in Drug Court are not as extensive as in normal criminal trials. It noted that some statements made by the officer were acceptable under the law. For the last point, Evans pointed out that his one-year sentence had ended, and the court didn’t have the authority to give him more time. The State, which was appealing against him, admitted that it was a mistake to extend his probation beyond his original sentence. Ultimately, the court agreed with Evans on his last point and decided to change the records by vacating the one-year sentence for embezzlement. However, the court also confirmed the decision to remove Evans from the Drug Court program.

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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-2008-289

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In OCCA case No. F-2008-289, the appellant appealed his conviction for unlawful possession of a controlled drug, marijuana, and paraphernalia. In an unpublished decision, the court decided to reverse the termination of the appellant from the Drug Court Program, agreeing that the trial court abused its discretion in the decision, and reinstated the appellant to the Drug Court Program. One judge dissented. The case involved the appellant, who had entered a Drug Court Program after pleading guilty to drug charges. Initially, the appellant struggled with substance abuse but made significant progress over the years, living a more stable life and regaining custody of her children. However, the situation changed when she was arrested for driving under the influence after having two drinks on a night out. At a court hearing, her termination from the Drug Court Program was discussed. Some witnesses testified that the appellant's actions should not classify as a relapse in her recovery process since she had remained sober for over 400 days before the incident. They argued that even though she made a poor choice by drinking and driving, it did not warrant her removal from the program, especially since she showed great progress in her life. However, the court disagreed with the trial judge's decision to terminate the appellant. The appellate court found that the termination was not justified since the overall evidence suggested that the appellant could successfully complete the Drug Court Program despite the DUI incident. The court emphasized the importance of allowing participants ample time to change their behaviors and succeed in treatment. As a result, the appellate court reversed the termination order and instructed the lower court to reinstate the appellant in the Drug Court Program, allowing her to continue working toward completing her treatment plan.

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C-2009-48

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In OCCA case No. C-2009-48, Malissa Latoya Hamill appealed her conviction for First Degree Rape. In a published decision, the court decided to grant her request and remand the case for a new hearing on her motion to withdraw her plea of no contest. One member of the court dissented. Malissa Hamill had entered her plea in the District Court of Bryan County and was given a ten-year suspended sentence along with a fine. Later, she wrote a letter to the court asking to withdraw her plea, claiming it was not made knowingly and voluntarily. The court held a hearing on her motion, during which she represented herself without a lawyer. The judge believed she had waived her right to have a lawyer assist her, but the court found that this waiver wasn't clear. During the appeal, the issues were whether Hamill knowingly gave up her right to have a lawyer present and whether her plea was truly made in an informed way. The court noted that a defendant has the right to attorney assistance when trying to withdraw a plea. If this right is denied, it can be considered an error unless it's clear that the defendant wouldn't have been able to withdraw their plea anyway. Hamill's claims of innocence and concerns about the validity of her plea could not be disregarded based on the existing records, which were incomplete. Because there was no proper record of what was discussed during her initial plea, the court decided that it couldn’t confirm whether Hamill had fully understood the punishment when she made her plea. This lack of clarity led the court to conclude that Hamill should have a new hearing where she could have legal help. Therefore, the court granted her request, stating that the lower court must hold a new hearing on her motion to withdraw her plea, this time making sure she has the assistance of a lawyer.

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RE 2008-0961

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In OCCA case No. RE 2008-0961, Adrian Smith appealed his conviction for robbery and burglary. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences but also ordered that the judgment be corrected to show that he had nine years remaining instead of ten years. One judge dissented. Adrian Smith had pleaded guilty to several crimes, including robbery with a weapon. He got a sentence of ten years for each crime, but all of them were set to run at the same time, which means he would only serve the longest sentence. If he completed a substance abuse program, he would not have to serve the sentences after the first year. After being released, the state asked to take back his suspended sentence because they believed he had not followed the rules. After a court hearing, the judge decided to revoke the suspended sentences completely. Smith then appealed, saying the judge made mistakes. First, Smith claimed the judge was wrong to revoke his sentence for ten years. However, the state agreed that it should state nine years instead. Second, Smith argued that he did not get a fair process because the judge did not write down why his sentence was revoked. The court found that he was given enough information about why this decision was made, so he was not denied due process. Lastly, Smith argued that revoking his full sentences was too much. The court concluded that the judge had the right to make this decision and found no abuse of discretion. In the end, the appeal confirmed that the sentences would stay revoked but corrected the record to show the appropriate time remaining.

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F-2008-97

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In OCCA case No. F-2008-97, the appellant appealed her conviction for child neglect. In an unpublished decision, the court decided to reverse her conviction. One judge dissented. The appellant, Kristie K. Thompson, was found guilty by a jury for not providing proper medical care for her child’s rash. The case was heard in the Stephens County District Court, where she was sentenced to six months in jail. She appealed the conviction for several reasons, including claims that the instructions given to the jury were incorrect and that she should have been given a chance for a lesser charge. After carefully reviewing the evidence and the arguments, the court found that there was not enough proof to show that she willfully neglected the medical needs of her child. They concluded that no reasonable person could have decided she was guilty based on the evidence. Therefore, they reversed her conviction and instructed the lower court to dismiss the case. Since they found a major error related to the evidence, the court decided not to address the other claims made by the appellant. The court issued their decision based on the principle that everyone deserves a fair trial and that guilt must be proven beyond a reasonable doubt.

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S-2008-953

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In OCCA case No. S-2008-953, the State of Oklahoma appealed the decision regarding the conviction of James Lee Sharrock for Child Sexual Abuse. In an unpublished decision, the court decided to affirm the lower court's ruling, which had found that the child's out-of-court statements were inadmissible. The majority of the court agreed, while one member dissented. The case started when Sharrock was charged with two counts of Child Sexual Abuse. At a preliminary hearing, the judge decided that there was not enough evidence to proceed with one of the counts. This was because the statements made by a four-year-old child could not be used, as the child was not present to testify, which made those statements hearsay. The State argued that the judge made a mistake by not allowing the testimony of two adults who had interacted with the child. These adults wanted to share what the child said about their experience. However, the judge explained that according to Oklahoma law, the child must either be available to testify or fit certain criteria for hearsay to be considered valid. The State then appealed this decision, and another judge confirmed the initial ruling. Finally, the case was brought to the Oklahoma Court of Criminal Appeals, which reviewed the arguments and the evidence presented. They concluded that the lower court's decision was correct because the magistrate had the right to determine whether the child was available to testify. In the end, the court upheld the initial decisions made by both lower court judges, stating no mistakes were found in their rulings. The final rulings and orders were affirmed, confirming that the hearsay statements from the child could not be used in the case against Sharrock.

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J-2009-0091

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In OCCA case No. J 2009-0091, C.C.S. appealed his conviction for robbery with a firearm. In an unpublished decision, the court decided to reverse the order of the lower court that had granted the State's motion to impose an adult sentence on C.C.S. and remanded the case for further proceedings with instructions to sentence C.C.S. as a Youthful Offender if he is convicted of the charged crimes. One judge dissented. C.C.S., who was born on December 28, 1990, faced multiple charges as a Youthful Offender. These included robbery with a firearm, possession of a firearm with a defaced serial number, and obstructing an officer. The State requested that C.C.S. be sentenced as an adult. After a hearing, a judge decided C.C.S. should be tried as an adult for the robbery charge. C.C.S. then appealed, and the case came before the Oklahoma Court of Criminal Appeals. During a hearing on April 30, 2009, the court listened to arguments and took time to think about the case. The court determined that the trial court had made a mistake by deciding to treat C.C.S. as an adult. The ruling meant that if C.C.S. was found guilty, he should be treated and sentenced as a Youthful Offender according to the law. This result was based on the idea that the law aims to help young people rehabilitate rather than punish them like adults. The judges in the dissent expressed their disagreement with the majority opinion. They believed that the trial judge had made a reasonable decision based on the facts of the case. They felt that the judge had thought carefully about what would be best for C.C.S., considering his age and the nature of the charges against him. The dissenting opinion also pointed out concerns about how the ruling would work, especially because C.C.S. was almost 18 at the time of the decision and nearly 18.5 years old by the time the case was decided. They referred to specific laws about how young offenders should be treated and raised questions about whether C.C.S. would still be eligible for a Youthful Offender program given his age during the legal proceedings. Overall, the court’s decision aimed to ensure that young people like C.C.S. would have the opportunity for rehabilitation instead of simply being punished as adults for their actions. The focus was on providing a chance for a better future rather than imposing adult penalties.

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F-2008-381

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In OCCA case No. F-2008-381, Cecil Ray Johnson appealed his conviction for kidnapping. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Cecil Ray Johnson was found guilty of kidnapping and received a 20-year prison sentence. He argued that there was not enough evidence to prove he committed the crime of kidnapping. He also said that evidence of other crimes should not have been allowed in the trial because it did not have a clear connection to the kidnapping charges. The court agreed with Johnson on the second point. They explained that evidence of other crimes can sometimes be used, but it must be relevant to the case at hand. In this situation, the evidence of Johnson’s past acts was too old and did not clearly connect to the kidnapping charge. The court said that using this evidence could unfairly influence the jury against Johnson. Because of the problems with the evidence, the court found that Johnson did not receive a fair trial. Even though they thought there was enough evidence for his conviction, they had to reverse the decision because it was unfair to include the other crimes evidence. In conclusion, the judgment was reversed, and the case was sent back for a new trial to ensure Johnson gets a fair chance in court. One judge disagreed with this decision, believing that the evidence of other crimes was relevant to show Johnson’s intent.

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M 2007-0560

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In OCCA case No. M 2007-0560, William Galletly appealed his conviction for splitting contracts. In an unpublished decision, the court decided to reverse his conviction and dismiss the case. One judge dissented. Here's a simpler explanation: William Galletly worked as the City Manager of Grove. He was charged with splitting a big contract into smaller ones, which is against a law meant to create fairness in bidding for city contracts. A jury found him guilty of this charge and he had to pay a fine. The main question was whether what he did should be considered a crime. The law at the time of his actions did not clearly state that splitting contracts was a crime, which is why the court decided he should not be punished under the general rules for misdemeanors. Because of this, they decided to reverse the punishment and dismiss the case against him. One judge disagreed with this decision.

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F-2008-255

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In OCCA case No. F-2008-255, Kayla D. Robertson appealed her conviction for manufacturing a controlled dangerous substance, possession of a firearm during a felony, possession of a controlled drug within 1,000 feet of a school, and destroying evidence. In a published decision, the court decided to vacate the $50,000 fine imposed for the manufacturing charge but affirmed the other convictions and sentences. One judge dissented.

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F-2008-963

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In OCCA case No. F-2008-963, Richard Lloyd VanMeter appealed his conviction for Driving Under the Influence of Intoxicating Liquor-Second Offense and multiple new charges. In an unpublished decision, the court decided to reverse the termination of his participation in the DUI/Drug Court Program and vacate his convictions, instructing to reinstate him in the program based on the conditions of his plea agreement. One judge dissented.

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