Statutory Maximum Archives - Page 2 of 2

RE-2001-1375

Post author:Staff
Post published:October 29, 2002
Post category:RE

In OCCA case No. RE-2001-1375, the individual appealed his conviction for multiple crimes including Theft of a Debit Card, Grand Larceny, Unauthorized Use of a Vehicle, and others. In a published decision, the court decided to affirm the revocation of his suspended sentences but modified the sentence for Grand Larceny in one count due to an error. One member of the court dissented. The case began when the individual pled guilty to several offenses on December 5, 2000. He was given sentences that were mostly suspended, meaning he would not have to serve time unless he broke the rules of his probation. However, on September 25, 2001, the State of Oklahoma said he violated those rules by not reporting to his probation officer and committing another crime, which led to a hearing. During the hearing, the judge decided to revoke his suspended sentences. The appellant argued that his punishment for Grand Larceny was too harsh since it violated the rules for sentencing that say he should not have gotten more than a year in jail for that specific crime. The court agreed that the original sentence was incorrect but also ruled that it did not harm the individual too much since his other sentences were still valid. The individual also claimed that he was unfairly required to pay for restitution he believed he should not have been responsible for, but the court found he did not follow the proper steps to challenge that. Lastly, he argued that his overall sentences were excessive, but the court determined that since the sentences were within a reasonable range and he had indeed violated his probation, there was no unfairness in the judge's decisions. So, the court affirmed most of his sentences and ordered a correction for the incorrect Grand Larceny sentence, which should only require one year of confinement.

F 2000-862

Post author:Staff
Post published:December 19, 2001
Post category:F

In OCCA case No. F 2000-862, Taress Lamont Owens appealed his conviction for Unlawful Possession of a Controlled Drug with Intent to Distribute. In an unpublished decision, the court decided to affirm the conviction but vacate the $11,000 fine. One judge dissented. Taress Lamont Owens was found guilty by a jury in a case related to illegal drug possession. He was sentenced to 60 years in prison and a fine of $11,000. Taress believed there were several reasons why his conviction should be overturned or the fine changed, so he appealed the decision. First, he argued that the evidence against him should not have been allowed in court because it was obtained in violation of his rights. However, the judges felt that the search was legal because it was done with consent. They confirmed that the evidence was strong enough to convict him based on the facts of the case. Taress also thought that the evidence presented against him was not enough for a conviction. But the judges disagreed, saying there was sufficient proof that he intended to sell the drugs. He mentioned that some evidence was not relevant to the case, but the judges found the officer’s testimony useful to show the intention behind his actions. Taress raised issues about his rights being violated and that he did not receive proper help from his lawyer during the trial. The judges looked at these claims and stated that there was no proof that he had been poorly represented in court. Finally, while the judges agreed on most points, they all felt that the fine imposed by the jury was too high according to the law. They decided to cancel the fine because the jury's instructions were incorrect regarding whether the fine should be mandatory. In conclusion, the court upheld Taress Lamont Owens' conviction but nullified the excessive fine, allowing him some relief from the financial penalty imposed during the trial.

F-2000-1531

Post author:Staff
Post published:August 30, 2001
Post category:F

In OCCA case No. F-2000-1531, Thomas Paul Richardson appealed his conviction for First Degree Manslaughter and Unlawful Possession of a Controlled Drug. In a published decision, the court decided to affirm most of the convictions but modified the sentence for the drug possession charge to ten years. One judge dissented. Richardson was tried by a jury, found guilty of both crimes, and received a life sentence for manslaughter, twenty years for drug possession, and a ten-day jail term for speeding. The sentences were to be served one after the other. He raised several arguments about his trial and sentencing, including claims that his rights were violated and that he was given an unfair sentence. The court reviewed his claims and agreed that he was incorrectly sentenced for the drug possession charge, as the maximum penalty should have been ten years, not twenty. However, the court found no significant problems with other aspects of the trial, including the admission of certain testimonies and the conduct of the prosecutor. They believed the errors did not change the outcome or harm Richardson's chances for a fair trial. Overall, the court decided to lessen Richardson’s drug sentence while keeping the other convictions intact.

RE 2000-0392

Post author:Staff
Post published:February 16, 2001
Post category:RE

In OCCA case No. RE 2000-0392, the accused appealed his conviction for lewd molestation and rape by force and fear. In a published decision, the court decided to affirm the revocation of the accused's suspended sentences, but modified the sentences for lewd molestation from thirty years to twenty years. One judge dissented from the decision regarding the modification of the sentence.

F-2000-282

Post author:Staff
Post published:January 26, 2001
Post category:F

In OCCA case No. F-2000-282, Sidney Wayne Clark appealed his conviction for Larceny of Merchandise from a Retailer and Placing Bodily Fluids on a Government Employee. In a published decision, the court decided to modify Clark's sentence for Count I to one year in the County Jail and for Count II to one year imprisonment, with both sentences to run consecutively. One judge dissented.