Statutory Provisions

F-2017-1098

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In OCCA case No. F-2017-1098, Rodger Dale Stevens appealed his conviction for performing a lewd act in the presence of a minor. In an unpublished decision, the court decided to affirm Stevens' conviction and sentence. One judge dissented. Stevens was found guilty of a serious crime because he masturbated in front of a seven-year-old boy. The court looked closely at the evidence to see if it proved Stevens was doing this for sexual gratification. The victim testified and provided strong evidence that Stevens derived satisfaction from what he did. Even though Stevens argued that he was just trying to help the boy feel comfortable with his body, the jury did not believe him. Stevens also argued that his punishment was too harsh. Since he had previous felony convictions, his sentence was enhanced under a specific law that allows for harsher penalties for repeat offenders. Stevens said the law was applied wrongly and that he should have received a lighter sentence, but the court found that the jury was correctly instructed on the range of punishment. He raised several other issues, including claims that irrelevant and prejudicial evidence was admitted, and that his lawyer did not defend him properly. However, the court upheld that the lawyer's actions did not negatively impact the trial's outcome. Stevens argued that the life sentence he received was excessive, even claiming the situation was not severe enough for such a strong punishment. The court disagreed, noting the nature and seriousness of the crime and confirming that the sentence was within legal limits and did not shock the conscience. In summary, the court affirmed the conviction and sentence, ruling that the evidence supported the jury's decision and that the legal procedures followed were appropriate.

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RE-2015-767

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In OCCA case No. RE-2015-767, the appellant appealed her conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the revocation of her suspended sentence but ordered the lower court to give her credit for time served in jail. The court also agreed that imposing nine months of supervision after her imprisonment was not appropriate. No judge dissented.

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F-2013-608

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In OCCA case No. F-2013-608, the appellant appealed his conviction for multiple robbery and firearm-related charges. In an unpublished decision, the court decided to affirm most of the convictions and sentences, but it reversed one conviction for possession of a firearm after a former felony. One judge dissented.

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F-2012-1029

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In OCCA case No. F-2012-1029, Dustin Kyle Martin appealed his conviction for Second Degree Felony Murder and Accessory to Second Degree Murder. In an unpublished decision, the court decided to affirm Martin's conviction for Second Degree Felony Murder but reversed the conviction for Accessory to Second Degree Murder, with instructions to dismiss that count. One judge dissented regarding the classification of being a principal and an accessory to the same crime. Martin was found guilty of both murder and being an accessory, which raised questions about whether one person can be convicted of both for the same crime. The court explained that under Oklahoma law, a person involved in a crime can be considered either a principal or an accessory, but cannot be both for the same offense. The trial court made an error by allowing the accessory charge to remain when Martin was already convicted of murder. During the trial, Martin's lawyers pointed out that he was convicted as a principal for the murder, so being convicted as an accessory to the same murder didn't make sense legally. The prosecution agreed that this was an error. Thus, the court decided to reverse the accessory conviction but kept the murder conviction intact. Martin also argued that there were many other problems during the trial, including mistakes in the jury instructions and the admission of prejudicial evidence, but the court found that these issues either did not affect the verdict or were harmless errors. The judges considered everything and concluded that the conviction for felony murder was supported by enough evidence, while the evidence wasn’t sufficient to support him being an accessory. In summary, the final decision of the court affirmed the murder conviction, while the accessory conviction was dismissed.

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S-2013-696

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In OCCA case No. S-2013-694, S-2013-695, S-2013-696, the defendants appealed their conviction for kidnapping and first-degree burglary. In a published decision, the court decided to affirm the dismissal of the charges against the defendants. No one dissented. The case began when three bail bondsmen, Fred Green and his two employees, Ronald Krushe and Christopher Thornburg, were charged with kidnapping and burglary after they tried to arrest two people, Billy and Pam Jones, who had skipped out on their bail. They went to a home in Pawnee County where the Joneses were staying and entered without permission. They handcuffed the couple and attempted to take them to jail. However, the defendants argued that they had the legal right to arrest the Joneses because they had a valid bond with them. The court found that since they were acting within their legal authority when they arrested the couple, they did not commit kidnapping or burglary. The State disagreed, claiming that the defendants had intended to commit a crime. However, the court concluded that the defendants were within their rights and did not abuse their power. Therefore, the charges were dismissed, and the court upheld this dismissal in their ruling.

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RE 2013-0672

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In OCCA case No. RE 2013-0672, Wilburn Shawn Crowell appealed his conviction for Assault and Battery-Domestic Abuse. In an unpublished decision, the court decided to reverse the revocation of Crowell's suspended sentence and instructed the lower court to dismiss the case. The State agreed that the trial court did not have the authority to revoke the suspended sentence because it had already expired before the State filed for revocation. One judge dissented.

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F-2012-499

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In OCCA case No. F-2012-499, Richard Harold Bazemore appealed his conviction for Sexual Abuse of a Child (Counts I-VI) and Lewd or Indecent Acts With a Child Under Sixteen (Count VIII). In a published decision, the court decided to affirm his convictions but modified the presentence investigation fee to $250.00. One judge dissented.

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F-2010-99

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In OCCA case No. F-2010-99, Sheila Diane Royal appealed her conviction for multiple drug-related offenses. In an unpublished decision, the court decided to affirm all of Royal's convictions but to modify her sentence for one of the misdemeanor charges due to a procedural error during her trial. One judge dissented. Royal was found guilty by a jury of trafficking in illegal drugs, possession of a firearm after a felony conviction, unlawful possession of marijuana (second offense), failure to obtain a drug tax stamp, and possession of paraphernalia. The jury determined that Royal had prior felony convictions, which enhanced her sentence. Royal received a life sentence without parole for the drug trafficking charge, among other sentences for the remaining charges. The case began when police officers went to Royal's house to look for a man with a warrant. Royal and her boyfriend denied knowing him and gave consent for the officers to search. During the search, officers found scales, crack cocaine, marijuana, a firearm, and a large amount of cash, leading to Royal's arrest. Royal raised several issues on appeal, including claims of multiple punishments for the trafficking and tax stamp offenses, the proper handling of her prior convictions during the trial, and the way the trial court conducted jury selection. The court found that the convictions for trafficking and failing to obtain a tax stamp did not violate double jeopardy rules because the laws intended for separate punishments. It also concluded that Royal did not make a sufficient objection to how her prior convictions were handled, thus denying her request for relief. Regarding the claim about possession of paraphernalia, the court agreed that the trial court made a mistake by improperly separating the trial stages, which influenced the jury's punishment decision. The court modified her sentence for this charge accordingly. The jury selection process was also scrutinized, but the court upheld the removal of certain jurors who may not have been impartial due to their own legal issues. Lastly, the court noted that Royal was required to wear a shock device during trial, which raised concerns under legal rules governing restraints on defendants. The court agreed that there wasn't enough evidence justifying the need for such restraint, but because it was not visible to the jury, it did not affect the trial's outcome. In summary, while Royal's convictions were largely upheld, the court made adjustments based on procedural concerns during her trial.

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S 2007-1212

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In OCCA case No. S 2007-1212, Jason L. Bandy appealed his conviction for Negligent Homicide. In an unpublished decision, the court decided to deny the appeal regarding the suppression of a blood test. The court found that the State did not show that reviewing the case would be in the best interests of justice, and they concluded that the suppressed evidence was not a significant part of their case against Bandy. Consequently, the case was sent back to the trial court for further action consistent with this opinion. One judge dissented.

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F-2006-598

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In OCCA case No. F-2006-598, Timmy Eugene Owen appealed his conviction for escaping from Grady County Jail and assaulting a police officer. In an unpublished decision, the court decided to affirm Owen's convictions but reverse his sentences, leading to a remand for resentencing. One judge dissented from the opinion. Timmy Eugene Owen was convicted for two crimes: escaping from jail and assaulting a police officer. The jury found him guilty, and he was sentenced to life in prison for the escape and ten years for the assault. Owen appealed this decision, claiming that he did not get a fair trial because of several reasons. First, he argued that the trial judge should have given him a mistrial due to improper questions from the prosecutor during the trial. However, the court said the judge did not make a mistake because the questions asked did not unfairly influence the jury's decision. Owen also claimed that the prosecutor acted unethically during the trial, which made it hard for him to get a fair trial. The court agreed that some of the prosecutor's comments were inappropriate but believed they did not change the outcome of the trial. They said that despite these comments, the evidence against Owen was very strong. Additionally, Owen believed that his sentences were too harsh. He felt it was unfair to receive a life sentence for escaping from jail and ten years for the assault. The court did not change the life sentence for the escape but suggested that all sentences might need reconsideration because they found that the prosecutor's words affected the sentencing. Owen also raised an issue about being punished twice for the two different crimes. However, the court stated that the two crimes were separate and required different evidence, so they did not violate any laws about double punishment. In the end, while the court affirmed Owen's guilty verdicts, saying he was rightly found guilty for both charges, they reversed the sentences and sent the case back to lower court for a new sentencing. A judge disagreed, believing the trial was fair despite the errors.

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F 2004-1002

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In OCCA case No. F 2004-1002, Benny Paul McCartney appealed his conviction for attempted manufacturing of a controlled dangerous substance, possession with intent to distribute, and possession of a controlled dangerous substance. In an unpublished decision, the court decided to affirm his convictions for the first two counts but to reverse and dismiss the third count due to double jeopardy concerns. One judge dissented regarding the reversal of the third count, arguing that the appellant violated two different laws and should be held accountable for both.

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F-2003-673

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In OCCA case No. F-2003-673, Booker James Johnson, Jr., appealed his conviction for procuring a minor to participate in the preparation of obscene material and possession of child pornography. In a published decision, the court decided to affirm the convictions but modified the sentences. One judge dissented. Johnson was found guilty of two serious crimes by a jury in Tulsa County. The jury decided he should go to prison for twenty years for the first conviction and pay a fine of $25,000 for the second. He didn't agree with this and appealed. Johnson claimed there were several problems during his trial. First, he said it was unfair to make him defend against both charges in the same trial. He believed that separate trials would have been better. He also argued that the instructions given to the jury about how to decide his punishment were wrong because they used the wrong law for his first charge. Johnson said he should only serve ten years for that charge instead of twenty based on this mistake. For the second charge, Johnson claimed he should have been charged under a different statute that better fit the crime. As a result, the fine for this charge should have been lower, at $5,000 instead of $25,000. Johnson also argued that his right to a fair trial was damaged by a statement made by the prosecutor during closing arguments, suggesting that both charges should be considered together. He felt that this was unfair and went against his rights. Additionally, Johnson said his lawyer did not help him enough, which made his trial unfair. Finally, he complained that he did not have access to important evidence needed for his defense. The court reviewed all of Johnson's claims. They decided that it was not a big mistake for the trial judge to keep both charges together. However, they did agree that the jury was instructed incorrectly about the first charge, and thus modified the punishment to ten years. For the second charge, they recognized that Johnson should have been charged under a more specific statute, so they also corrected the fine to $5,000. In the end, the court kept Johnson's conviction for both crimes but changed his sentence to ten years in prison for the first charge and a $5,000 fine for the second charge, with some paperwork corrections needed to officially note these changes.

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F 2002-532

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In OCCA case No. F 2002-532, James Jermaine Woodfork appealed his conviction for multiple crimes, including Kidnapping, Assault and Battery with a Dangerous Weapon, Domestic Abuse, and other offenses. In a published decision, the court decided to uphold some of his convictions while reversing others and sending them back to the District Court for dismissal. One member of the court dissented. Woodfork had been found guilty of various charges after a jury trial. He received significant sentences for his convictions, including 25 years for Kidnapping and 30 years for Assault and Battery with a Dangerous Weapon. However, he raised concerns about double jeopardy, arguing that his multiple convictions for similar offenses involving different victims should not have occurred. The court agreed with him on some counts and reversed those convictions. Additionally, the court examined claims of trial errors and prosecutorial misconduct. Even though the prosecutor made some inappropriate comments during the trial, the court concluded that these did not significantly affect the overall fairness of the trial or the jury's decision, so they did not lead to a reversal of the sentence. In summary, some of Woodfork's convictions were upheld, while others were reversed, and he was given a chance for those to be dismissed. This case highlights important legal principles about multiple charges and the rights of defendants in a criminal trial.

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J-2001-80

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In OCCA case No. J-2001-80, B. D. S. appealed his conviction for Murder in the First Degree. In a published decision, the court decided to reverse the District Court’s order denying his motion for certification as a youthful offender and remand the case for certification. One judge dissented. The case began when B. D. S. was charged as an adult with a serious crime. He wanted to be recognized as a youthful offender instead of being treated like an adult in the legal system. The court had to decide whether he should be classified as a youthful offender, which could mean a different kind of punishment and possible help for rehabilitation. B. D. S. argued that the trial court made mistakes. He said the court did not follow the rules about notifying his family of his rights regarding the case, and he claimed his lawyer did not do enough to defend him by speaking up about this issue. After listening to the arguments, the court found that the trial court did not provide proper notice to B. D. S.’s parents or guardian. This lack of communication meant that he might not have received a fair chance in court. The judges agreed that this was important and decided that B. D. S. should be given another chance to be classified as a youthful offender. The dissenting judge felt differently. This judge believed that the trial court's decision not to classify B. D. S. as a youthful offender was the right choice. This judge thought that the evidence showed B. D. S. had committed a serious crime in a cold and calculated way, and that he had a history of violent behavior, which warranted treating him as an adult. The dissenting opinion emphasized the importance of public safety and questioned whether B. D. S. could be rehabilitated. In summary, the court’s majority agreed that B. D. S. should be treated as a youthful offender for a fresh evaluation, while the dissenting judge maintained that the evidence showed he should remain classified as an adult.

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F 2000-292

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In OCCA case No. F 2000-292, Joe Stratmoen appealed his conviction for Unlawful Possession of a Controlled Dangerous Drug (Methamphetamine) and Possession of a Weapon While Committing a Felony. In an unpublished decision, the court decided to affirm his conviction but modified the sentence for the weapon charge. One judge dissented regarding the modification of the sentence. Stratmoen was found guilty of having methamphetamine and a weapon during a felony. At his trial, he was sentenced to 30 years for the drug charge and 20 years for the weapon charge. He raised three main issues on appeal. First, he argued that the court did not correctly explain the state’s need to prove his past convictions. Second, he claimed the jury was misinformed about the punishment ranges for the second charge. Third, he said the jury was not correctly told about the punishments for the drug offense. The court looked carefully at all the evidence and arguments presented. They decided that the way the jury was instructed about the drug charges was correct. However, they agreed that the sentence for the weapon charge should be less severe based on their interpretations of the law, setting it to the minimum of two years instead of the original twenty. One judge disagreed with the decision to lessen the sentence for the weapon charge, feeling that the jury’s sentence should be upheld. The final conclusion was that while the main conviction was upheld, the penalty for possession of a weapon was reduced.

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F-2000-1232

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In OCCA case No. F-2000-1232, Virginia Lee Patton appealed her conviction for Second Degree Murder and Injury to a Minor Child. In an unpublished decision, the court decided to affirm the conviction for Second Degree Murder but reversed the conviction for Neglect of a Minor Child with instructions to dismiss. One judge dissented. Virginia Lee Patton was found guilty by a jury of killing someone (which was labeled as Second Degree Murder) and of causing harm to a child (originally charged as Injury to a Minor Child). The jury recommended a punishment of fifty years in prison for the murder, and a one-year sentence for the charge related to the minor child. The sentences were set to be served one after the other. During her appeal, Patton claimed two main issues. First, she argued that there wasn't enough evidence to support the murder conviction and that it was wrong to charge her with Second Degree Murder. Secondly, she pointed out that it was unfair to charge her with two crimes based on the same situation, which might violate her rights. The court examined all details and evidence from the trial. After reviewing everything, the judges agreed that there was enough evidence to support the murder conviction. They felt that a reasonable person could conclude she was guilty of that offense based on the facts presented during the trial. However, the court also recognized that charging Patton with both Second Degree Murder and Neglect of a Minor Child was a problem because it relied on the same evidence for both charges. Due to this, they decided to reverse the conviction for Neglect of a Minor Child and ordered it to be dismissed, meaning she would not be punished for that crime. In summary, the court upheld the serious conviction for murder while removing the lesser charge related to the child. One judge disagreed with the decision about the murder conviction.

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