Statutory Factors Archives

F-2019-417

Post author:Staff
Post published:July 30, 2020
Post category:F

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 In an unpublished decision, the court decided to affirm Kwe Kwe's convictions on all counts except for the Victim Compensation Assessment for Count 4, which was vacated.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

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.

F-2011-693

Post author:Staff
Post published:July 9, 2013
Post category:F

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

F 2010-422

Post author:Staff
Post published:June 21, 2011
Post category:F

In OCCA case No. F 2010-422, Kelsey Danielle Dodson appealed her conviction for child neglect. In a published decision, the court decided to affirm the conviction but modify the imposed fine and assessments. One judge dissented. Kelsey was tried by a jury for two crimes: child abuse by injury and child neglect. The jury found her not guilty of child abuse but guilty of child neglect. They decided she should go to prison for twenty years. Kelsey thought this punishment was too harsh and believed that the court made mistakes by adding fines not decided by the jury. Kelsey argued four main points in her appeal. First, she felt that twenty years in prison was excessive. Second, she thought that the court wrongly imposed a fine without the jury saying it should. Third, she claimed that the court didn't follow the rules when it decided she needed to pay for victim compensation. Fourth, she said the trial court should not have made her pay into a court fund since it was not within its authority. The appellate court looked closely at what Kelsey brought up. They agreed that the twenty-year prison sentence was appropriate for this kind of crime. They found no reason to change that part of the judgment. However, they sided with Kelsey concerning the fines and assessments. The court ruled that the fine imposed by the trial court should be removed because it didn’t match the jury's decision. The court also pointed out that the trial court failed to properly consider the factors required for assessing victim compensation, so that assessment was canceled too. Overall, the court decided that Kelsey would keep her sentence of twenty years in prison, but any additional fines or assessments imposed upon her were removed. The decision was modified to reflect these changes. One judge on the court disagreed with the decision to vacate the victim compensation assessment, arguing that since Kelsey did not object during the trial, she should not have been able to appeal it. This dissenting opinion highlighted that the trial court had sufficient evidence related to the assessment, given that they received a pre-sentence investigation report. In summary, Kelsey’s prison sentence was upheld, but the extra financial penalties were dropped, leading to a mix of agreement and disagreement among the judges involved in the case.

F-2008-438

Post author:Staff
Post published:June 26, 2009
Post category:F

In OCCA case No. F-2008-438, Marcus Laquine Petty appealed his conviction for Assault and Battery with a Dangerous Weapon and Domestic Assault and Battery. In an unpublished decision, the court decided to affirm the judgment and sentence of the District Court, but found that a hearing was needed regarding the amount of the Victim's Compensation Assessment. Two members of the court dissented regarding the second count of the conviction.