State of Oklahoma Archives - Page 4 of 23

F-2017-1019

Post author:Staff
Post published:September 19, 2019
Post category:F

In OCCA case No. F-2017-1019, Johnson appealed his conviction for Child Sexual Abuse. In an unpublished decision, the court decided to affirm Johnson's conviction and sentence. One judge dissented. Johnson was found guilty of abusing a child and was sentenced to twenty-five years in prison. He also had to pay a fine and would be supervised after serving his time. Johnson argued that the evidence against him wasn't enough, that the jury didn't get proper instructions, that his lawyer didn't help him much, and that he didn’t know he would be on a list of sex offenders if convicted. The court looked closely at all these claims and found no significant problems. First, the court said there was enough evidence for the jury to decide Johnson was guilty beyond a reasonable doubt. Johnson claimed the actions happened because of a dream, but the jury believed otherwise. The court said that it would not change the jury's decision as they followed the law. Second, the court noted that the jury had received instructions about what would happen after Johnson was imprisoned. So, this point did not hold. Third, Johnson's claim about his lawyer not performing well was also denied. For this claim to work, Johnson would need to show that his lawyer made a serious mistake that hurt his defense. However, Johnson only gave statements about his own state of mind without clear evidence to support his claim. The court found that his lawyer did not make mistakes that harmed Johnson's case. Next, the court looked at the claim about sex offender registration. Johnson said the jury should have been told more about this, but he never asked for this instruction during the trial. The court decided there was no clear error because they had already ruled on this issue in past cases. Finally, the court dismissed Johnson's claim about the combined effects of the errors. Since they found no significant errors, they concluded that his right to a fair trial had not been violated. In the end, the court upheld Johnson's conviction and sentencing, affirming the judgment made by the lower court.

F-2017-67

Post author:Staff
Post published:September 12, 2019
Post category:F

The document provided is an appellate court opinion regarding the case of Cedric Dwayne Poore, who was convicted in the District Court of Tulsa County for multiple counts of Murder in the First Degree and Robbery with a Firearm. The Court of Criminal Appeals of Oklahoma ultimately affirmed the convictions and sentences. ### Key Points from the Opinion: 1. **Charges and Convictions**: - Cedric Dwayne Poore was convicted of four counts of Murder in the First Degree through felony murder and two counts of Robbery with a Firearm. - The underlying felony for the murder counts was robbery committed in the course of the murders of four victims. 2. **Evidence Against Appellant**: - Witnesses testified that Poore and his brother shot and killed four victims in a robbery at an apartment. - Testimony from Jamila Jones, who was in contact with both brothers before the murders, suggested that they were planning to rob the victims. - Forensic evidence included DNA found on a cigarette near the victims and .40 caliber shell casings linking both Poore and the weapon used in other crimes. 3. **Proposition of Errors Raised on Appeal**: - **Hearsay**: The trial court’s denial of an affidavit from a witness who invoked the Fifth Amendment was challenged, but the court found no plain error. - **Sufficiency of Evidence**: Poore challenged the sufficiency of evidence, claiming that he was not directly involved in the murders, but the court held that circumstantial evidence sufficiently supported the convictions. - **Other Crimes Evidence**: The admissibility of evidence from a separate robbery was upheld as relevant and probative to establish motive and identity. - **Identification Testimony**: The court found no error in the admission of identification testimony from witnesses. - **Accomplice Corroboration**: The testimony of accomplices was found to be sufficiently corroborated by other evidence. - **Cell Phone Records**: Although the use of cellphone records without a warrant raised Fourth Amendment concerns, the evidence was deemed admissible under the good faith exception. - **Search Warrant**: Poore's arguments regarding the invalidity of the search warrant and execution of the search were rejected by the court. - **Cumulative Error**: The cumulative effect of any errors did not warrant relief, as the court found no substantial errors during the trial. 4. **Final Ruling**: - The Court affirmed the District Court's judgments and sentences without finding any significant legal errors that would warrant reversal. ### Conclusion: The case demonstrates the complex interplay of various legal standards, evidentiary challenges, and the appeals process for criminal convictions. The appellate court's decision reflects a thorough examination of both the procedural and substantive issues raised by the appellant, ultimately leading to the affirmation of the convictions based on the evidence presented at trial.

RE-2018-1039

Post author:Staff
Post published:September 12, 2019
Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **FRANK REVILLA PAIZ, JR.,** Appellant, **v.** **THE STATE OF OKLAHOMA,** Appellee. --- **Case No. RE-2018-1039** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA SEP 12 2019** **SUMMARY OPINION** **ROWLAND, JUDGE:** On January 4, 2017, Appellant Frank Revilla Paiz, Jr., represented by counsel, entered guilty pleas to multiple charges including Possession of CDS - Methamphetamine (Count 2), Unlawful Possession of Drug Paraphernalia (Count 4), Driving Without a Driver's License (Count 5), Failure to Maintain Insurance or Security (Count 6), and Failure to Pay Taxes Due to the State (Count 7) in Woodward County Case No. CF-2016-114. He received an eight-year sentence for Count 2 and a one-year sentence for Count 4, with all but the first year suspended, subject to probation conditions. Sentences were concurrent. On the same day, Paiz pleaded guilty in Woodward County Case No. CF-2016-117 to Possession of Controlled Dangerous Substance - Methamphetamine (Count 1) and Unlawful Possession of Drug Paraphernalia (Count 2), receiving similar sentences. On June 2, 2017, the State filed an Application to Revoke Paiz's suspended sentences in Cases CF-2016-114 and CF-2016-117, citing new charges for Possession of Controlled Dangerous Substance in Case No. CF-2017-142 and failure to pay court costs. Paiz pled guilty to the new offense, receiving a suspended sentence of ten years, contingent on completing a drug treatment program. The State filed another Application to Revoke on August 14, 2018, due to new charges of Carrying Weapons and violations of probation. Following a revocation hearing on September 28, 2018, Paiz stipulated to the allegations, leading to the revocation of approximately 2,495 days of suspended sentences by the District Court of Woodward County. Paiz appeals, arguing the revocation was excessive and constitutes an abuse of discretion. He cites that simple possession became a misdemeanor effective July 1, 2017, and criticizes the court for not exploring alternate sanctions. The scope of review in a revocation appeal focuses on the validity of the revocation order. This Court has held that even a single violation justifies revocation. Paiz admitted to multiple violations and new criminal activity, justifying the District Court's actions. **DECISION**: The revocation of Paiz's suspended sentences in Woodward County Case Nos. CF-2016-114, CF-2016-117, and CF-2017-142 is **AFFIRMED**. **Pursuant to Rule 3.15, the MANDATE is ORDERED issued upon delivery and filing of this decision.** **AN APPEAL FROM THE DISTRICT COURT OF WOODWARD COUNTY, THE HONORABLE DON A. WORK, ASSOCIATE DISTRICT JUDGE** --- **APPEARANCES AT TRIAL:** **CURTIS BUSSETT, ATTORNEY AT LAW** P.O. BOX 1494 CLINTON, OK 73601 **COUNSEL FOR DEFENDANT** **APPEARANCES ON APPEAL:** **CHAD JOHNSON** P.O. BOX 926 NORMAN, OK 73070 **COUNSEL FOR APPELLANT** **SUSAN K. MEINDERS** **MIKE HUNTER** ASST. DISTRICT ATTORNEY WOODWARD COUNTY 1600 MAIN STREET WOODWARD, OK 73801 **COUNSEL FOR THE STATE** **CAROLINE E.J. HUNT** ASST. ATTORNEY GENERAL 313 N.E. 21 ST STREET OKLAHOMA CITY, OK 73105 **COUNSEL FOR APPELLEE** **OPINION BY: ROWLAND, J.:** **LEWIS, P.J.: Concur** **KUEHN, V.P.J.: Concur** **LUMPKIN, J.: Concur** **HUDSON, J.: Concur** [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-1039_1734355896.pdf)

F-2018-358

Post author:Staff
Post published:September 12, 2019
Post category:F

In OCCA case No. F-2018-358, Sean Daniel Simmons appealed his conviction for domestic abuse by strangulation. In an unpublished decision, the court decided to affirm his conviction. One judge dissented. Sean Daniel Simmons was found guilty by a jury for hurting his girlfriend on three occasions during a long argument at their apartment. The girlfriend's twelve-year-old son was in a nearby room sleeping at the time. The girlfriend testified that he choked her until she lost consciousness three times. Once, when he called 911, he slapped her when she tried to take the phone. After the incidents, she sought medical help and was diagnosed with a throat injury, although there were no visible marks on her throat, and she didn’t suffer any serious long-term effects. Simmons argued in his first claim that the evidence against him was not enough to support the conviction. The court reviewed the evidence and decided that it was reasonable for the jury to find him guilty beyond a reasonable doubt for domestic abuse by strangulation. In his second claim, Simmons believed the trial court should have explained what “great bodily harm” meant to the jury. He wanted a clear definition because he felt the term was too vague. However, the trial court used standard jury instructions that explained the elements of the crime, including how strangulation was defined. Ultimately, the court held that the trial court did not make a mistake when it refused to define “great bodily harm” more specifically. The decision to not elaborate on this term was appropriate, as the standard instructions already provided enough information to the jury for them to make an informed decision. The judgment was affirmed, and the judges agreed that the trial court acted correctly in these matters.

F-2018-892

Post author:Staff
Post published:September 5, 2019
Post category:F

**Court of Criminal Appeals of Oklahoma** **Case Summary:** **Case Name:** David Andrew Sanders, Appellant, v. The State of Oklahoma, Appellee **Case Number:** F-2018-892 **Date Filed:** September 5, 2019 --- **Background:** David Andrew Sanders appeals the acceleration of his deferred sentencing resulting from finding evidence that he committed new offenses while on probation. On April 29, 2016, in **Case No. CF-2012-2326**, Appellant entered no contest pleas to Burglary in the First Degree and Pointing a Firearm at Another. In **Case No. CF-2016-1178**, he entered a guilty plea for Larceny of Merchandise from a Retailer. His sentencing was deferred for ten years (Burglary), five years (Firearm charge), and 30 days (Larceny). All sentences were to run concurrently. On November 28, 2017, the State filed an Application to Accelerate the Deferred Sentence, alleging new offenses. At a hearing on August 21, 2018, the court found sufficient evidence of new offenses: possession of a firearm while on probation, possession of a controlled dangerous substance, and possession of drug paraphernalia. **Facts of the Case:** On May 6, 2017, police found Sanders unconscious in an idling car with a handgun in his lap. During the arrest, officers discovered a glass pipe and methamphetamine in the car's console. Sanders argued that this evidence was the product of an unlawful search. **Legal Findings:** The district court ruled that the exclusionary rule did not apply to the acceleration proceeding, which is not akin to a full trial. The court found no evidence of egregious police misconduct. According to Oklahoma law (Richardson v. State), exclusion of evidence is only warranted in revocation hearings where there has been egregious misconduct. **Conclusion:** The Court of Criminal Appeals affirmed the district court's decision, finding no abuse of discretion. The discovery of the firearm, glass pipe, and methamphetamine did not violate Sanders' rights given the context of the proceedings. **Decision:** The order of the district court accelerating Sanders’ deferred judgment and sentencing is AFFIRMED. --- **Counsel on Appeal:** - For Appellant: Micah Sielert and Andrea Digilo Miller - For Appellee: Tiffany Noble, Mike Hunter, Tessa L. Henry **Opinion by:** Presiding Judge Lewis **Concurrences:** Vice Presiding Judge Kuehn, Judge Lumpkin, Judge Hudson, Judge Rowland --- For more details, you may [download the full PDF here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-892_1735120506.pdf).

J 2019-0283

Post author:Staff
Post published:September 5, 2019
Post category:J

In OCCA case No. J 2019-0283, D. J., III appealed his conviction for Assault and Battery with a Dangerous Weapon. In a published decision, the court decided to affirm the order granting the imposition of an adult sentence. One judge dissented. D. J., III, who was born on November 1, 2000, faced serious charges after taking part in a hazing incident at school. The state wanted to try him as an adult, which is a significant step for a young person. This happened after a court decided that D. J. could not be helped enough through the juvenile system and that the public needed more protection. The court had a hearing on April 5, 2019, where the judge reviewed evidence and decided that D. J. should face adult charges. The main arguments in the case included whether the earlier ruling was correct and if it used the right laws to make its decision. D. J. argued that the state did not show strong enough evidence to justify moving him to adult court. When D. J. appealed, he claimed two main problems with how the trial was handled. First, he believed the state did not provide clear evidence for why he should be seen as an adult rather than a juvenile. Next, he said that the judge applied the wrong law when making the decision. However, the court found that the judge's decision was reasonable and based on the facts presented during the hearing. The court stated that judges have the right to decide which witnesses to believe and how to weigh their testimonies. The judges on the court agreed that even though there was a mistake in mentioning the wrong law, this did not harm D. J.'s case because both laws were similar. The important aspects of the case were clear, and ultimately, D. J. was seen as not being able to complete rehabilitation in the juvenile system. In the dissenting opinion, the judge expressed concern that the law limits how long juveniles can be kept under the juvenile system, and this may not allow for fair treatment when they are close to being adults. The dissenting judge felt that D. J. still had the potential for rehabilitation and disagreed with moving him to adult court. In summary, the court decided to uphold the decision to treat D. J. as an adult following the state's appeal, while one judge thought this decision should be reconsidered, suggesting changes to juvenile sentencing laws to allow more flexibility for young offenders.

RE-2018-484

Post author:Staff
Post published:August 29, 2019
Post category:RE

**In the Court of Criminal Appeals of the State of Oklahoma** **Case No. RE-2018-484** **Summary Opinion** **Appellant:** Orville Tabe Keith, Jr. **Appellee:** The State of Oklahoma **Judge Hudson:** Orville Tabe Keith, Jr. appeals the revocation of his concurrent twelve-year suspended sentences following a revocation hearing where the State alleged that he violated probation by committing Manslaughter in the First Degree. **Background:** On March 5, 2009, Appellant pled guilty to two counts of Assault and Battery With a Dangerous Weapon. He was sentenced to twelve years on each count, with the sentences to run concurrently and suspended under specific probation conditions. The State filed a Motion to Revoke on March 23, 2017, based on allegations that Appellant committed Manslaughter in connection with the death of Brandon Martinez during an altercation on June 27, 2015. Evidence presented included DNA matching Appellant to items found at the crime scene and testimony from a neighbor, Donna Underwood, who claimed Appellant admitted to killing Martinez. **Revocation Hearing:** The revocation hearing took place on May 1, 2018. The court reviewed evidence including: - DNA analysis linking Appellant to the crime scene. - Testimony from Underwood about Appellant’s self-incriminating statements. Judge Fry found that Appellant violated his probation conditions, leading to a full revocation of his suspended sentences. **Appellant's Argument:** Keith appeals on the grounds that the evidence presented was insufficient to justify the revocation of his suspended sentences. He challenges the credibility of Underwood's testimony and suggests that another individual, Paul Anderson, may have committed the homicide. **Analysis:** Oklahoma law requires that alleged violations of probation conditions be proven by a preponderance of the evidence. The appeals court found that Underwood's testimony and the DNA evidence were adequate for a rational trier of fact to conclude that Appellant had violated the terms of his probation. **Decision:** The court affirmed the trial court's decision to revoke Appellant's concurrent twelve-year suspended sentences, concluding there was no abuse of discretion in Judge Fry's ruling. **Order:** The order of the District Court of LeFlore County is **AFFIRMED**. **Opinion by**: HUDSON, J. **Concurrences by**: LEWIS, P.J.; KUEHN, V.P.J.; LUMPKIN, J.; ROWLAND, J. --- For further details, you can [**download the PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-484_1734542820.pdf).

F-2018-322

Post author:Staff
Post published:August 29, 2019
Post category:F

In OCCA case No. F-2018-322, Juan Carlos Renovato-Juaregui appealed his conviction for assault and battery with intent to kill and domestic assault and battery resulting in great bodily harm. In an unpublished decision, the court decided to affirm the judgment and sentence. Judge Drummond merged the two counts into one, sentencing him to fifteen years in prison with credit for time served. The court found that the claims of ineffective assistance of counsel and prosecutorial misconduct did not require reversal of the conviction. No judges dissented.

F-2018-294

Post author:Staff
Post published:August 29, 2019
Post category:F

In OCCA case No. F-2018-294, Alen Dean O'Bryant appealed his conviction for sexual abuse of a child. In an unpublished decision, the court decided to affirm the conviction and sentence. One member dissented. Alen Dean O'Bryant was found guilty by a jury on multiple counts of sexually abusing a child. The jury decided to give him a life sentence for each count along with fines. The court confirmed these sentences would be served one after another and counted his time spent in jail. O'Bryant argued several points in his appeal. He said he did not get good help from his lawyer, which he believed hurt his case. He also felt that the court made mistakes by letting in certain evidence and testimonies, claiming some of it shouldn’t have been allowed. He said the prosecution was unfair and called him a liar during the trial. O'Bryant even argued that a law allowing children's hearsay statements in court was against the Constitution. When looking at his first point about his lawyer not being effective, the court checked to see if his lawyer had fallen short of what was required in professional conduct. The court found that the lawyer's actions were indeed within acceptable standards. No new hearing was needed on this point. For the second point, O'Bryant argued that the court wrongly allowed hearsay evidence. The court found that the trial judge had the right to admit this evidence and did not make a mistake in doing so. In his third point, he claimed that witness testimonies wrongly supported the victim's credibility. However, because he did not object at the time during the trial, the court reviewed merely for obvious mistakes and found no error. O'Bryant claimed next that the prosecutor had acted improperly by suggesting the victim was truthful while labeling him a liar. The court discovered that the prosecutor’s comments were reasonable and a response to the defense's arguments, ruling that there was no significant error. O'Bryant also argued that the law that allowed children's hearsay statements was unconstitutional. The court noted that it had already ruled this law was constitutional in earlier cases and saw no reason to look at it again. Finally, O'Bryant stated that all the mistakes taken together meant he did not get a fair trial and that he should be given a new trial. However, since the court found no individual errors that affected him significantly, they also ruled out the idea of cumulative errors. The court ultimately decided to uphold O'Bryant's conviction and denied his request for a hearing about his lawyer’s performance. The opinion was finalized, and the decision was ordered.

F 2018-0851

Post author:Staff
Post published:August 15, 2019
Post category:F

It seems you have provided a court document regarding a correction order related to a summary opinion from the Court of Criminal Appeals of the State of Oklahoma. The document includes information about the case and its parties, as well as directions for accessing a PDF version of the opinion. If you have any specific questions or need assistance regarding this court document or related matters, feel free to ask!

RE-2018-611

Post author:Staff
Post published:August 15, 2019
Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **SHAZEL STEEL,** Appellant, v. **STATE OF OKLAHOMA,** Appellee. **No. RE-2018-611** **FILED IN COURT OF CRIMINAL APPEALS, STATE OF OKLAHOMA AUG 15 2019** **SUMMARY OPINION** **JOHN D. HADDEN, CLERK** **LUMPKIN, JUDGE:** On June 6, 2015, Appellant, Shazel Steel, pled guilty in three separate cases in Tulsa County. The details of these cases are summarized as follows: 1. **Case CF-2015-1948**: Appellant was convicted of Robbery in the First Degree and sentenced to twenty years imprisonment and fined $500.00. 2. **Case CF-2015-2091**: Appellant was convicted on Count 1 of Robbery with a Firearm and Count 2 of Burglary in the First Degree, receiving a twenty-year sentence and a fine of $100.00 for each count. (Count 3 was dismissed). 3. **Case CF-2015-2152**: For Count 1 (Robbery with a Firearm) and Count 2 (Kidnapping), Appellant received a twenty-year sentence each, while Count 3 (Assault with a Dangerous Weapon) led to a ten-year sentence and a fine of $100.00. (Count 4 was dismissed). All sentences were set to run concurrently, with a two-year judicial review period established. During the Judicial Review proceeding on June 5, 2017, Appellant's sentences were modified to be suspended in full. However, the State subsequently filed applications to revoke these suspended sentences based on allegations of violations related to ongoing criminal activity and non-compliance with probation conditions. The revocation hearing revealed that Appellant was in possession of a firearm while driving without a license, which was a violation of probation Rule #7 that prohibited being in a vehicle where firearms are located. Multiple other violations related to probation were also noted, leading to the revocation of Appellant's suspended sentences in full by the Honorable James M. Caputo. On appeal, Appellant challenges the revocation on the following grounds: 1. The evidence was insufficient to establish that he knowingly and willfully possessed a firearm. 2. The District Court abused its discretion in revoking the entire sentence. The Court addressed these propositions: **I.** The standard for revocation is whether the trial court abused its discretion. Given the evidence from Officer Terwilliger indicating that a loaded firearm was found in a car Appellant was operating, the Court deemed that the evidence sufficiently supported the revocation of the suspended sentences. **II.** As for the claim of abuse of discretion, the trial court’s decision to revoke the full suspended sentence was found to be reasonable given the multiple violations of probation. Thus, the Court affirmed the order granting the State's applications for revocation of the suspended sentences in all three Tulsa County District Court Cases. **DECISION:** The order revoking Appellant's suspended sentences is **AFFIRMED**. **APPEARANCES:** - **At Trial**: Kayla Cannon, Assistant Public Defender for Appellant; Sean Waters, Assistant District Attorney for the State. - **On Appeal**: Nicole Herron, Counsel for Appellant; Mike Hunter and Tessa L. Henry, Counsel for the State. **OPINION BY:** **LUMPKIN, J.:** **LEWIS, P.J.:** Concur **KUEHN, V.P.J.:** Concur **HUDSON, J.:** Concur **ROWLAND, J.:** Concur **[Download PDF of Full Opinion](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-611_1734429007.pdf)**

M-2018-267

Post author:Staff
Post published:August 8, 2019
Post category:M

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **ROBERT AARON RODGERS,** **Appellant,** **V.** **THE STATE OF OKLAHOMA,** **Appellee.** **Summary Opinion** **KUEHN, VICE PRESIDING JUDGE:** On January 17, 2017, Appellant was charged in Grady County District Court with Domestic Abuse - Assault and Battery, in violation of 21 O.S.Supp.2014, § 644(C) in Case No. CM-2017-36. Appellant was found guilty following a jury trial and the Honorable Timothy A. Brauer, Special Judge, sentenced him according to the jury's recommendation to a $1,000 fine. Appellant appeals. Appellant raises three propositions of error in support of his appeal: **I.** Mr. Rodgers was denied a fair trial because the trial court refused to instruct on his theories of defense. **II.** The admission of irrelevant and prejudicial expert testimony on domestic abuse was plain error entitling Mr. Rodgers to a new trial. **III.** The audio tape sponsored by Cindy Trapp failed to meet the requisites for admissibility. Admission of this evidence denied Mr. Rodgers a fair trial. After thorough consideration of the entire record before us, including the original record, transcripts, exhibits, and briefs, we find that the law and evidence do not require relief. **Proposition I**: Appellant argues he is entitled to a new trial because the trial court denied his request for jury instructions on defense of another and defense of property. Decisions denying requested jury instructions are reviewed for abuse of discretion. Appellant fails to establish that any unlawful interference with his property occurred or was imminent. The trial court did not abuse its discretion in denying these instructions. **Proposition II**: Appellant contends that the testimony of Amanda Grayson, an expert on domestic violence, was irrelevant and prejudicial. Appellant did not object to the testimony at trial, waiving appellate review except for plain error. The expert testimony was relevant and provided insight into the victim's behavior and Appellant's intent. Thus, Proposition II is without merit. **Proposition III**: Appellant challenges the admission of a duplicate recording of a conversation based on the best evidence rule. Appellant objected on the basis of relevance rather than the best evidence rule, and thus has waived that issue. No genuine question regarding the authenticity of the duplicate was established, and the trial court took steps to ensure the jury was not misled by the recording. Therefore, Proposition III is denied. **Decision**: The Judgment and Sentence of the trial court is AFFIRMED. The MANDATE is ORDERED issued upon the filing of this decision. **APPEARANCES** **COUNSEL FOR DEFENDANT** ED GEARY **COUNSEL FOR APPELLANT** DAVID AUTRY **COUNSEL FOR STATE** NATALIA LEVCHENKO MIKE HUNTER KATHERINE MORELLI **OPINION BY**: KUEHN, V.P.J. **LEWIS, P.J.: CONCUR** **LUMPKIN, J.: CONCUR** **HUDSON, J.: CONCUR** **ROWLAND, J.: CONCUR** **RA/F** --- This summary captures the key elements of the case involving Appellant Robert Aaron Rodgers, the propositions of error raised, and the court's analysis and decisions, providing a streamlined understanding of the court's ruling.

C-2018-679

Post author:Staff
Post published:July 25, 2019
Post category:C

It appears that you've shared a document detailing a legal opinion from the Oklahoma Court of Criminal Appeals denying a writ of certiorari for petitioner Jerry Ray Hawkins. He was appealing his convictions related to exhibiting obscene material to minors, procuring child pornography, and lewd acts, asserting that his guilty pleas were not made knowingly, that he did not receive conflict-free counsel, and that his sentence was excessive. Here’s a summary of the main points covered in the opinion: ### Case Overview: - **Petitioner**: Jerry Ray Hawkins - **Charges**: Multiple counts including Exhibiting Obscene Material to a Minor, Procuring Child Pornography, and Lewd Acts. - **Sentencing**: Total of twenty years for some charges and ten years for others, with certain counts running concurrently and others consecutively. ### Key Legal Issues Raised by Petitioner: 1. **Withdrawal of Guilty Pleas**: Hawkins argued he should be allowed to withdraw his pleas because they were not made knowingly or voluntarily, claiming that he was misled by his attorney regarding potential plea agreements. 2. **Ineffective Assistance of Counsel**: He claimed that the failure to appoint conflict-free counsel during the plea withdrawal hearing resulted in inadequate legal representation. 3. **Excessive Sentence**: He contended that the aggregate sentence was excessive for the charges he pleaded to. ### Court's Findings: - **Proposition I (Withdrawal of Pleas)**: The court found that Hawkins had waived his right to argue that his pleas were not knowing and voluntary by failing to raise it during his motion to withdraw. Therefore, this claim was denied. - **Proposition II (Ineffective Assistance of Counsel)**: The court concluded that there was no actual conflict of interest that adversely affected counsel's performance, as Hawkins did not accuse his plea counsel of misconduct. Therefore, this claim was also denied. - **Proposition III (Excessive Sentence)**: The court noted that Hawkins similarly failed to raise this issue during the appropriate proceedings, resulting in a waiver of his excessive sentence claim. ### Conclusion: The court affirmed the judgment and sentence of the district court, concluding that no legal grounds existed to warrant relief. #### Final Notes: Petitioner’s appeals were denied on all fronts, with the court emphasizing the need for claims to be preserved at the trial level to be considered on appeal. If you have any specific questions or need further analysis regarding this case or related legal concepts, feel free to ask!

C-2018-1024

Post author:Staff
Post published:July 18, 2019
Post category:C

It appears that you have provided a court document from the Oklahoma Court of Criminal Appeals relating to the case of Larado James Smith, who entered a guilty plea to multiple counts of rape and sodomy. The document outlines the background of the case, the procedural history, and the court's decision to deny Smith's petition for a writ of certiorari. To summarize the key points: 1. **Background of the Case**: Larado James Smith entered a negotiated guilty plea to six counts of Second Degree Rape and three counts of Forcible Sodomy, resulting in a 15-year prison sentence. 2. **Motion to Withdraw Plea**: Smith later filed a motion to withdraw his guilty plea, claiming he had valid reasons for doing so, including alleged pressure from his counsel and stress from his incarceration. 3. **Court's Findings**: The trial court conducted a hearing on this motion and ultimately denied it, finding that Smith had entered his plea knowingly and voluntarily. This decision was based on the court's assessment of the circumstances and Smith's understanding of the plea. 4. **Appeal**: Smith appealed the denial of his motion to withdraw the plea. The appellate court reviewed the record and determined that the trial court did not abuse its discretion in denying the motion. It was concluded that Smith’s plea was made voluntarily, after a thorough understanding of the implications. 5. **Final Decision**: The Court of Criminal Appeals denied Smith's petition for certiorari, affirming the lower court's judgment and sentence. If you have specific questions about the case or need information on a particular aspect of the document, please let me know!

F-2018-248

Post author:Staff
Post published:July 18, 2019
Post category:F

In OCCA case No. F-2018-248, Mosi Abasi Dennis appealed his conviction for first degree murder and conspiracy to commit robbery with a dangerous weapon. In an unpublished decision, the court decided to affirm the verdict. One member dissented. Mosi Abasi Dennis was found guilty by a jury of first degree murder and conspiracy related to a robbery. The jury sentenced him to life in prison without the possibility of parole for the murder and ten years for conspiracy, with both sentences to be served one after the other. Dennis was involved in a plan to rob Antonio Walker. He and others went to Walker's house under the false pretense of purchasing drugs. When they arrived, Dennis refused to abandon the plan, even when it became clear that others were present in the house. Things escalated, and during the robbery attempt, Dennis shot Walker's father, Kenneth, who had entered the room to see what was happening. On appeal, Dennis raised several arguments. First, he claimed that there was unfair treatment in jury selection because a minority juror was removed while a white juror, who had similar issues, was allowed to stay. The court found no evidence of racial bias and held that the reasons given for removing the juror were fair. Second, Dennis argued that the prosecution made unfair comments during closing arguments, asking jurors to sympathize with a co-conspirator. The court ruled that this did not unfairly influence the jury as the statements were part of explaining the witness's behavior. Third, he contested the admission of graphic photographs of the victim, believing they were too prejudicial. The court decided that the images were relevant to the case and helped explain the events that unfolded during the crime. Dennis also claimed that the evidence presented was not enough to prove his guilt beyond a reasonable doubt. However, the court disagreed, stating that the evidence adequately demonstrated that Dennis shot the victim during the robbery. Furthermore, Dennis believed he should have been given instructions for a lesser offense of second-degree murder, but the court found that there was no solid evidence supporting such a charge. Finally, Dennis argued that the combination of errors during the trial warranted a reversal of the conviction. The court concluded there were no significant errors that would have affected the trial's outcome. The court ultimately upheld the conviction and sentencing, stating that there were no legal errors that warranted overturning the jury’s decision.

F-2017-1149

Post author:Staff
Post published:July 18, 2019
Post category:F

In OCCA case No. F-2017-1149, Moore appealed his conviction for Permitting Invitees Under 21 to Possess or Consume Alcohol, Child Neglect, and Transporting a Loaded Firearm in a Motor Vehicle. In an unpublished decision, the court decided to affirm the judgment and sentence imposed by the district court. One judge dissented. Moore was convicted for crimes related to a party where a fifteen-year-old boy named N.F. drank too much alcohol and died from alcohol poisoning. The party took place at the home of a sixteen-year-old friend, and although Moore was not there, the court had to decide if he was responsible for what happened because he was in a relationship with the boy's mother, who lived at that house. The first major point in the case was whether there was enough evidence to support Moore’s convictions. The court found that there was, especially because Moore admitted he lived with the mother and his driver's license listed that address. This was important as the law stated that he could be held responsible for underage drinking and neglect if he was living there. Moore also argued that he didn’t get a fair trial because his lawyer did not do a good job. He mentioned that his lawyer failed to object to certain testimonies from a worker in child protective services. The court looked into this claim but concluded that it didn’t affect the fairness of the trial enough to change the outcome. They thought that defense counsel did present evidence to support Moore's case, showing he may not have lived at the home when N.F. died. Another issue was about evidence presented during the trial. Moore’s lawyer did not object to the testimony from the child protective services worker, which led to the question of whether this testimony hurt his case. The court found that while this testimony might have been improper, it did not significantly affect the trial's result since the jury could have made their decision based on other evidence presented. Moore also claimed he should get credit for the time spent in jail before his sentencing. However, the court said it was up to the judge to decide about giving credit for time served, not mandatory. They believed the judge made the right choice and affirmed the decision. In conclusion, the court upheld Moore's convictions and sentences, affirming that there was enough evidence against him and that his rights to a fair trial were not violated. Moore was denied the motion to have a hearing about his lawyer's effectiveness in defending him.

F-2017-1142

Post author:Staff
Post published:July 18, 2019
Post category:F

In OCCA case No. F-2017-1142, Daniel Ryan Chadwell appealed his conviction for forty counts of Lewd Acts with a Child Under 16. In a published decision, the court decided to affirm Chadwell's judgment and sentence. One judge dissented. Chadwell was found guilty by a jury of many serious offenses. He was accused of committing inappropriate acts with children who were under the age of 16. The jury decided he should spend a very long time in prison, giving him a total of several hundred years in sentences. He did not get found guilty on two of the counts. Chadwell's appeal included two main arguments. First, he claimed the jury received wrong instructions about how to decide his punishment. Specifically, he argued that the instructions mentioned the punishment for crimes against children under 12, which was not applicable to his case since he was charged with acts involving children under 16. The court found that while the instructions did have an error, the mistake was not serious enough to change the outcome. They noted that all the child victims were proven to be under 12 at the time of the crimes, so the error was harmless. Second, Chadwell argued that the prosecutor acted unfairly during the trial, which made it impossible for him to have a fair chance. However, the court looked at what happened during the entire trial and found that these actions did not make the trial unfair either. In the end, the court decided that Chadwell's appeal did not provide enough reason to change the original decision. Therefore, his sentences remained as decided by the jury.

F-2017-1127

Post author:Staff
Post published:July 18, 2019
Post category:F

In OCCA case No. F-2017-1127, Jones appealed his conviction for robbery, kidnapping, and possession of a firearm after a previous felony. In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. Jones was found guilty of robbing someone with a dangerous weapon, kidnapping, and having a gun after a felony conviction. He was sentenced to serve many years in prison for these crimes. Jones argued several points in his appeal. He believed it was wrong for him to stand trial for the gun possession charge when the earlier ruling had dismissed that part of his case. The court found that the process used to bring that charge back was okay. Jones also thought that statements he made after being arrested should not have been allowed in trial because he was scared and did not have a lawyer present. However, since he did not say this during the trial, the court looked at it carefully but decided it did not affect the trial in a serious way. Jones requested a special instruction for the jury about flight, meaning that if someone runs away from a situation, it might mean they are guilty. The court denied this request because Jones denied being at the crime scene, so the flight instruction was not needed. Finally, Jones claimed that the prosecutor acted unfairly during the closing arguments. The court concluded that while some comments might not have been ideal, they did not make the trial unfair. All in all, Jones's appeal did not lead to a change in his conviction or sentence.

F-2017-802

Post author:Staff
Post published:July 18, 2019
Post category:F

In OCCA case No. F-2017-802, Jestin Tafolla appealed his conviction for Assault and Battery with a Dangerous Weapon and Carrying a Weapon Unlawfully. In a published decision, the court decided to affirm the Judgment and Sentence of the district court. One judge dissented. Tafolla was sentenced to life imprisonment for the assault and thirty days in jail for the misdemeanor charge, with the sentences served at the same time. His appeal raised several issues, mainly about whether his trial was fair. He claimed that evidence of his gang affiliation unfairly influenced the jury, that introducing certain statements violated his rights, and that errors occurred during the trial process. The court discussed the details of the case where Tafolla assaulted a man following a traffic dispute. Detectives witnessed Tafolla hitting the victim and confiscated brass knuckles he discarded. Witness statements indicated that racial slurs were part of the altercation. The court found that the evidence of Tafolla's gang membership was relevant to understand the incident and the motivations behind it. It ruled that the testimony related to his affiliation did not violate his rights and was permissible to show motive and intent. They also addressed Tafolla's complaints about the admission of the victim's statements, concluding that these did not prevent a fair trial. The admission of prior convictions for cross-examination purposes was also deemed appropriate as it was relevant to the prosecution's case. In issues raised about the prosecutor's conduct and jury instructions, the court determined that no significant errors impacted the trial. The arguments made by the prosecution were within the acceptable realm of discussing the evidence. Overall, the court found no individual errors that would require a new trial and concluded that the accumulation of complaints did not undermine the fairness of the proceedings. Thus, the original judgment was upheld, and Tafolla’s appeal was denied.

F-2018-595

Post author:Staff
Post published:July 11, 2019
Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **GARRET TAYLOR MANKIN,** Appellant, Case No. F-2018-595 **v.** **STATE OF OKLAHOMA,** Appellee. --- **FILED IN COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA, JUL 11 2019** John D. Hadden, Clerk --- ### SUMMARY OPINION **HUDSON, JUDGE:** **Background:** Garret Taylor Mankin was tried and convicted in a nonjury trial in Pontotoc County District Court (Case No. CF-2015-347) for two counts of Lewd Acts with a Child Under Twelve (Counts 1 and 3), violating 21 O.S.Supp.2013, § 1123(A)(2). He was sentenced to twenty-five years imprisonment for each count, with the last five years of both sentences suspended. Originally charged with eleven counts, the trial court dismissed the majority by agreement of the parties. Mankin must serve eighty-five percent of his sentence before being eligible for parole. **Propositions of Error:** Mankin raises two propositions of error concerning the trial court's admission of hearsay statements from the alleged victims, P.M. and F.Y. 1. **Admittance of P.M.'s Hearsay Statements:** Mankin argues that the hearsay statements made by P.M. were not inherently trustworthy. The court found that the statements were admissible under 12 O.S.Supp.2013, § 2803.1, which allows for the admission of hearsay statements made by children under twelve regarding sexual contact against them if deemed reliable. Upon review: - P.M. disclosed the inappropriate touching to both her mother and a forensic interviewer, with consistent elements in her accounts. - Merely due to the nature of her disclosure or the method of questioning, the statements remained trustworthy. - The court determined that there was no abuse of discretion in this ruling. 2. **Admittance of F.Y.'s Hearsay Statements:** Mankin contends that F.Y.’s statements were not spontaneous or consistent, arguing similar points regarding terminologies used and that they lacked reliability. Upon review: - F.Y. made statements on the same day she was seen being inappropriately touched. - The mother’s questioning was open-ended and not leading. - F.Y.'s use of child-appropriate language (referring to the genitalia as a fat leg) supported the statement’s reliability. - The trial court's decision to admit the statements was upheld due to sufficient indicia of reliability. **Outcome:** After thorough consideration of the entire record and the propositions raised, the Court found no error that warranted relief. The judgments and sentences imposed by the District Court were affirmed. **Concurrences:** - Lewis, P.J. - Kuehn, V.P.J. - Lumpkin, J. - Rowland, J. **Opinion Filed:** Hudson, J. **Note**: For further details, you can download the full opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-595_1735312387.pdf).

RE 2018-0457

Post author:Staff
Post published:July 11, 2019
Post category:RE

In OCCA case No. RE 2018-0457, Tommy Lee Tucker appealed his conviction for Domestic Assault and Battery After Prior Conviction, Domestic Assault and Battery by Strangulation, and Kidnapping. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences but remanded the case to the District Court to correct inconsistencies in the sentencing documents. One judge dissented.

RE-2018-89

Post author:Staff
Post published:June 27, 2019
Post category:RE

In the case of Brandon Christopher Looney v. The State of Oklahoma, the Court of Criminal Appeals upheld the trial court's decision to revoke Looney's twenty-year suspended sentence based on multiple violations of probation. Looney had pled nolo contendere to assault and battery with a dangerous weapon, leading to a suspended sentence on the condition he comply with certain probation rules. The court reviewed allegations against Looney, including failing to report to his probation officer, changing his residence without notification, associating with convicted felons, failing a drug test, possessing weapons, and being charged with multiple offenses related to drug and firearm possession. At the revocation hearing, evidence was presented detailing these violations, including a deputy witnessing drug use and discovering firearms and drugs in the residence where Looney was staying. Looney argued that the judge erred in denying his demurrer regarding weapon-related allegations since the firearms were not found in his specific bedroom and there was no evidence he was aware of their presence. However, the court explained that as a convicted felon on probation, his residency rules prohibited him from firearms, regardless of awareness. The burden of proof for probation violations is a preponderance of evidence, and the trial judge's discretion to revoke the sentence was upheld. Looney also claimed that the judge did not consider lesser sentencing options and that the revocation was excessive. The court found no evidence that the judge neglected to consider alternatives and noted that Looney had repeatedly ignored probation requirements immediately after being placed on probation. Ultimately, the court denied all of Looney's propositions of error, concluding there were no abuses of discretion or violations of due process. Therefore, the order to revoke his suspended sentence was affirmed.

F-2018-513

Post author:Staff
Post published:June 27, 2019
Post category:F

In OCCA case No. F-2018-513, Bobby Lee Ruppel, Jr. appealed his conviction for assault with a dangerous weapon and robbery with a weapon. In an unpublished decision, the court decided to affirm Ruppel's conviction but vacated the restitution order, meaning a proper determination of the victim's economic loss must take place. One judge dissented.

J-2019-2

Post author:Staff
Post published:June 20, 2019
Post category:J

This document is a summary of a court case from the Oklahoma Court of Criminal Appeals involving an appeal by B.J.H., a youthful offender, contesting an order that allowed the State of Oklahoma to sentence him as an adult. The case centered around multiple charges, including Assault With a Deadly Weapon, and the court's decision on whether the public would be adequately protected if the appellant were sentenced as a youthful offender. **Key Points:** 1. **Background**: B.J.H. was charged as a youthful offender at the age of 16 for multiple violent offenses. The State filed a motion to sentence him as an adult under Oklahoma law. 2. **Court Proceedings**: Hearings were held to review the motion, where evidence included testimonies and psychological evaluations. The presiding judge, David A. Stephens, granted the State's motion based on findings that the public would not be adequately protected if B.J.H. were sentenced as a youthful offender. 3. **Appellant's Claims**: B.J.H. appealed the decision on four grounds, including claims of abuse of discretion regarding public safety findings, denial of due process, procedural issues related to preliminary hearings, and lack of service notice to his guardians. 4. **Court's Ruling**: The court affirmed the lower court's decision, finding no abuse of discretion or merit in B.J.H.'s claims. The ruling stated that the evidence supported the conclusion regarding public safety. 5. **Dissenting Opinion**: Presiding Judge Lewis dissented, arguing that the overwhelming evidence presented at the hearing indicated that the public would be adequately protected if B.J.H. were sentenced as a youthful offender. He highlighted that the majority’s ruling contradicted the facts presented during the hearings. Overall, the Oklahoma Court of Criminal Appeals upheld the decision to sentence B.J.H. as an adult despite disagreements on the interpretation of evidence and procedural fairness.

RE-2018-536

Post author:Staff
Post published:June 20, 2019
Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CHRISTIAN EMMANUEL REYES,** **Appellant,** **V.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-536** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA JUN 20 2019** **JOHN D. HADDEN - SUMMARY OPINION** **CLERK** **HUDSON, JUDGE:** Appellant Christian Emmanuel Reyes appeals from the revocation of his suspended sentences in Oklahoma County District Court Case Nos. CF-2013-6460 and CF-2017-3715 by Honorable Glenn Jones. **Background:** On November 13, 2013, Appellant pled guilty to Unauthorized Use of a Vehicle and Attempting to Elude a Police Officer in Case No. CF-2013-6460. The trial court sentenced him on July 30, 2014, to five years with all but two years suspended for Count 1, and one year for Count 3, to run concurrently. On July 6, 2017, Appellant pled guilty to Possession of a Controlled Dangerous Substance in the Presence of a Minor in Case No. CF-2017-3715, receiving a five-year sentence with all but 100 days suspended. The State agreed not to file for revocation on Case No. CF-2013-6460 as part of the plea deal. On April 6, 2018, the State filed a 1st Amended Application to Revoke, citing non-payment of fees and the commission of a new crime, Second Degree Burglary, in a separate case (CF-2017-6227). Following a revocation hearing, the trial court fully revoked Appellant’s suspended sentences. **Propositions of Error:** 1. **Improper Introduction of Evidence:** Appellant argues the State’s introduction of testimony regarding his behavior violated 12 O.S.2011, § 2404(B) and the standards set forth in *Burks v. State*. He claims he did not receive proper notice and therefore is entitled to relief. He made no objection during the hearing, waiving this issue except for plain error review. Appellant's argument fails, as he did not demonstrate that any error occurred. 2. **Insufficient Evidence of Burglary:** Appellant contends the State failed to prove he entered the victim’s home intending to steal. However, sufficient evidence supported that he intended to steal, meeting the *preponderance of the evidence* standard required in revocation hearings. **Conclusion:** The revocation of Appellant's suspended sentences is affirmed, as the court found competent evidence to justify the revocation and there was no abuse of discretion. **MANDATE** is ORDERED issued upon the filing of this decision. **APPEARANCES:** Micah Sielert and Hallie Bovos for Appellant; Tiffany Noble and Mike Hunter for the State; Tessa Henry for Appellee. **OPINION BY:** HUDSON, J. **LEWIS, P.J.:** CONCUR IN RESULTS **KUEHN, V.P.J.:** CONCUR **LUMPKIN, J.:** CONCUR **ROWLAND, J.:** CONCUR [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-536_1734522451.pdf)