Statutory Range

F-2019-605

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In OCCA case No. F-2019-605, Jerome Matthew McConell appealed his conviction for Obtaining Merchandise by False Pretenses. In an unpublished decision, the court decided to affirm the judgment and sentence of the district court, except for certain parts which were stricken. One member of the court dissented. McConell was found guilty after a bench trial in the District Court of McCurtain County. He was sentenced to thirty months in prison, but he argued that his trial was unfair for three main reasons. First, he claimed he was not allowed to confront some witnesses properly because hearsay evidence was permitted. Hearsay is when someone testifies about what another person said outside of court, which usually isn't allowed as direct evidence. However, the court found no real error in this situation because McConell's lawyer brought up the same issues during questioning. Therefore, the court did not see a violation of his rights. Second, McConell argued that evidence from another incident should not have been allowed by the court because the state did not give proper notice about it. However, the court decided that the evidence was relevant and no mistakes were made in permitting it. Lastly, McConell noted that the written sentence and conditions after his trial did not match what was discussed in court. The judge had ordered conditions that he should not enter a casino and also mentioned costs for prosecution that were not allowed under the law. The court agreed that these parts of the judgment were incorrect and decided to strike them from his sentence. In summary, the appeals court did affirm McConell's conviction, meaning they upheld the trial's decision, but they corrected some errors in how his sentence was recorded and ordered the lower court to make those changes.

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F-2019-16

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JOHNNY W. WARD,** Appellant, v. **STATE OF OKLAHOMA,** Appellee. **Case No. F-2019-16** **FILED DEC 12 2019** **IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **JOHN D. HADDEN, CLERK** --- **SUMMARY OPINION** LUMPKIN, JUDGE: Appellant Johnny W. Ward was tried by jury and found guilty of Assault and Battery with a Deadly Weapon (Count I) (21 O.S.2011, § 652) and Possession of a Firearm (Count II) (21 O.S.Supp.2014, § 1283), both counts After Former Conviction of A Felony, in the District Court of Muskogee County, Case No. CF-2017-1155. The jury recommended as punishment imprisonment for thirty (30) years in Count I and ten (10) years in Count II. The trial court sentenced accordingly, ordering the sentences to be served concurrently. It is from this judgment and sentence that Appellant appeals. Appellant must serve 85% of his sentence in Count I before becoming eligible for consideration for parole. 21 O.S.2011, § 13.1. **Appellant raises the following propositions of error in support of his appeal:** 1. The eyewitness identification of Appellant was based upon an overly suggestive, one-man show-up that violated Appellant's rights to due process and a fair trial. 2. The State's evidence presented at trial was insufficient to establish beyond a reasonable doubt that Appellant committed the crimes of Assault and Battery with a Deadly Weapon and Possession of a Firearm After Former Conviction of a Felony Conviction and his convictions must therefore be reversed with instructions to dismiss. 3. Appellant's sentence is excessive and should be modified. After thorough consideration of these propositions and the entire record, we have determined that under the law and the evidence no relief is warranted. **Proposition I:** Appellant contends the trial court abused its discretion in denying his motion to suppress the in-court identification made by Ms. Davidson after an on-the-scene one person show-up. Appellant argues the pre-trial identification was unnecessarily suggestive and tainted the subsequent identification of Appellant at trial. A one man show-up is not necessarily unduly suggestive or improper. Young v. State, 2000 OK CR 17, ¶ 30, 12 P.3d 20, 34. Absent special elements of unfairness, prompt on-the-scene confrontations [between a victim and a suspect] do not entail due process violations.... Harrolle v. State, 1988 OK CR 223, ¶ 7, 763 P.2d 126, 128, quoting Russell v. United States, 408 F.2d 1280, 1284 (D.C.Cir.1969). The one person show-up in this case was not unduly suggestive or so improper as to create a substantial likelihood of irreparable misidentification. The trial court did not abuse its discretion in denying the motion to suppress the identification. However, even if the show-up was unduly suggestive, the same would not automatically invalidate the subsequent in-court identification if that identification can be established as independently reliable under the totality of the circumstances. Young, 2000 OK CR 17, ¶ 31, 12 P.3d at 34. Under the circumstances of this case, we find the in-court identification reliable. As the trial court did not abuse its discretion by allowing into evidence the in-court identification of Appellant, this proposition of error is denied. **Proposition II:** Appellant challenges the sufficiency of the evidence supporting his convictions for Assault and Battery with a Deadly Weapon and Possession of a Firearm After Former Conviction of a Felony. He argues the State failed to show he had anything to do with the alleged crimes. Appellant asserts that the State's evidence showed only that he was in the wrong place at the wrong time. However, evidence showed that Appellant shot his victim in the knee and buttock as the victim begged for his life. Appellant then ran away from the scene, discarding the gun he used and a hoodie he was wearing. Reviewing Appellant's challenge to the sufficiency of the evidence in the light most favorable to the prosecution, we find any rational trier of fact could have found the essential elements of the charged crimes beyond a reasonable doubt. Mitchell v. State, 2018 OK CR 24, ¶ 11, 424 P.3d 677, 682. Appellant's challenge to the sufficiency of the evidence is denied. **Proposition III:** Appellant argues that his sentence is excessive and should be modified. He asserts that while his sentence is technically within the range provided by law, it does not bear a direct relationship to the nature and circumstances of the offenses. However, Appellant's sentences were within the applicable statutory range (21 O.S.2011, §§ 652(A), 1284 and 51.1(C)). This Court will not modify a sentence within the statutory range unless, considering all the facts and circumstances, it shocks the conscience. Pullen v. State, 2016 OK CR 18, ¶ 16, 387 P.3d 922, 928. The evidence showed that despite having a prior robbery conviction, Appellant was in possession of a gun, which he used to shoot the victim multiple times as the victim begged for his life. Under these circumstances, the 30 year and 10 year sentences are not excessive. Therefore, modification of the sentences is not warranted and this proposition is denied. Accordingly, this appeal is denied. **DECISION** The JUDGMENT and SENTENCE is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), the MANDATE is ORDERED issued upon the delivery and filing of this decision. **AN APPEAL FROM THE DISTRICT COURT OF MUSKOGEE COUNTY** **THE HONORABLE THOMAS H. ALFORD, DISTRICT JUDGE** **APPEARANCES AT TRIAL** BRIAN WATTS 222 N. 4TH ST. MUSKOGEE, OK 74401 COUNSEL FOR THE DEFENSE **APPEARANCES ON APPEAL** NICOLLETTE BRANDT OKLA. INDIGENT DEFENSE SYSTEM P.O. BOX 926 NORMAN, OK 73070 COUNSEL FOR APPELLANT **ORVIL LOGE** DISTRICT ATTORNEY TIM KING ASST. DISTRICT ATTORNEY MUSKOGEE CO. COURTHOUSE MUSKOGEE, OK 74401 COUNSEL FOR THE STATE **MIKE HUNTER** ATTORNEY GENERAL OF OKLAHOMA CAROLINE E.J. HUNT ASST. ATTORNEY GENERAL 313 N.E. 21ST ST. OKLAHOMA CITY, OK 73105 COUNSEL FOR THE STATE **OPINION BY: LUMPKIN, J.** LEWIS, P.J.: Concur KUEHN, V.P.J.: Concur HUDSON, J.: Concur ROWLAND, J.: Concur --- [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2019-16_1734781599.pdf)

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C-2018-1040

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** *Case No. C-2018-1040* **ROLLO ROY WERLINE, IV,** *Petitioner,* *vs.* **THE STATE OF OKLAHOMA,** *Respondent.* **FILED** *IN COURT OF CRIMINAL APPEALS* *OCT 31 2019* *JOHN D. HADDEN, CLERK* **SUMMARY OPINION DENYING CERTIORARI** **LUMPKIN, JUDGE:** Petitioner Rolla Roy Werline, IV, represented by counsel, entered pleas of guilty to First Degree Manslaughter (Count I), Leaving the Scene of a Fatality Accident (Count II), and Failure to Maintain Insurance (Count III) in the District Court of Ottawa County, Case No. CF-2017-164. The pleas were accepted by the Honorable Robert G. Haney on April 19, 2018. On June 12, 2018, Petitioner was sentenced to twenty (20) years imprisonment for Count I, five (5) years imprisonment in Count II (suspended), and a $250.00 fine for Count III. On June 15, 2018, Petitioner filed a Motion to Withdraw Guilty Plea, which was denied at a hearing on June 26, 2018. Petitioner appeals this denial, raising two propositions of error: 1. Petitioner should be allowed to withdraw his plea as it was not entered knowingly and intelligently, given he did not understand the consequences of entering a blind plea. 2. The imposed fines and costs were excessive. **Proposition I:** Petitioner contends that his plea was not entered voluntarily and was the result of being misadvised regarding the plea process. The trial court reviewed this issue during the motion to withdraw hearing. Assessing whether the plea was entered voluntarily and intelligently is key. The record indicates the plea was knowing and voluntary, highlighting that the petitioner understood the court would determine punishment and could impose a sentence within statutory limits. The trial court's denial of the motion to withdraw is upheld. **Proposition II:** Petitioner claims his sentence is excessive, particularly citing a victim impact statement that contained a sentence recommendation, which he argues improperly influenced the court's decision. While acknowledging that victim impact statements may be considered during sentencing, those statements should not contain sentence recommendations. Any potential error here was harmless, as the overall sentence is seen as reasonable and within statutory limits. It was also noted that the issue of a $250.00 Victim Compensation Assessment in Count III was not raised previously and is thus waived for appeal. **DECISION:** The Petition for Writ of Certiorari is DENIED. The Judgment and Sentence of the District Court is AFFIRMED. **OPINION BY:** **LUMPKIN, J.** *LEWIS, P.J.: Concur* *KUEHN, V.P.J.: Concur* *HUDSON, J.: Concur* *ROWLAND, J.: Concur* **Click Here To Download PDF** [Link to PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-1040_1734225145.pdf)

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F-2018-446

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In OCCA case No. F-2018-446, Byron Craig Herd appealed his conviction for First Degree Burglary. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Byron Craig Herd was found guilty by a jury for breaking into someone's home. The court sentenced him to life in prison because he had a history of other convictions. During the trial, Herd's defense claimed that the prosecutor acted unfairly, which made it hard for him to get a fair trial. Herd argued two main points in his appeal. First, he said the prosecutor made the trial unfair by trying to make the jury feel sorry for the victims. The prosecutor did this by asking the jury about their feelings as potential victims of a burglary, which led to emotional comments during the trial. Secondly, Herd believed his life sentence was too harsh. The court looked carefully at the trial and the evidence. They noted that while some of the prosecutor's comments may have been too emotional, the evidence against Herd was very strong. There were recordings of him inside the victims' house, and he was caught shortly after the crime. The court concluded that, despite some mistakes made by the prosecutor, these did not significantly affect the fairness of the trial because the evidence of guilt was overwhelming. They also determined that Herd's sentence was appropriate given his past crimes and the seriousness of his current crime. In the end, the court denied Herd’s appeal, meaning he would stay in prison for life.

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F-2017-1284

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In OCCA case No. F-2017-1284, Jesse Earl Maupin appealed his conviction for Lewd or Indecent Acts to a Child Under 16. In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. Maupin was found guilty by a jury and sentenced to life in prison. He raised several issues on appeal, arguing that there was not enough evidence to prove he was guilty, that his life sentence was not a valid punishment, that the sentence was too harsh, and that there were mistakes in his trial that required a new trial. The court carefully reviewed the evidence and found that there was enough proof for the jury to convict Maupin based on the law. They explained that juries can use both direct evidence and indirect evidence to make their decisions. Maupin also claimed that a life sentence should not have been an option given the laws around his charges. The court found that the sentence was legal and appropriate. They ruled that a life sentence is a valid punishment when the law does not specify a maximum sentence. Regarding the sentence itself, the court determined that the life sentence did not shock their conscience or seem overly harsh given the circumstances of the case. Finally, since the court found no errors in the trial, they also declined to grant a new trial based on the idea of cumulative errors. In conclusion, the court affirmed Maupin's conviction and sentence.

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F-2018-43

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In OCCA case No. F-2018-43, the appellant appealed his conviction for possession of a firearm after a felony conviction and falsely personating another to create liability. In an unpublished decision, the court decided to affirm his conviction and sentence. One judge dissented. The appellant, Anthony Paul Ornder, was found guilty by a jury in the Washington County District Court of two counts of possession of a firearm after a prior felony conviction and one count of falsely impersonating another. The jury recommended a total sentence of forty years for each firearm count and forty-five years for the impersonation count, all to be served at the same time. Ornder raised several arguments on appeal. He claimed that the state did not have enough evidence to prove he possessed the firearm or to show that he gained any benefit from using a false identity. He also argued that his lawyer did not represent him properly, which hurt his chances of a good defense, and asked the court to reduce his sentence because it was too harsh. The court looked carefully at the whole case, including evidence, witness testimonies, and records. They found that there was enough evidence for a reasonable person to conclude that he was guilty. They explained that the law allows both direct and indirect evidence to support charges. The court determined that the claims about ineffective help from his lawyer were not strong enough because they were based on guesses without solid evidence. Lastly, regarding the length of the sentence, the court concluded that it did not seem overly severe given his past criminal record and the nature of his actions during the incident. They affirmed his judgment and sentence, meaning they agreed with the original decision without changes.

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F-2017-1099

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In OCCA case No. F-2017-1099, Willie Donnell Jackson appealed his conviction for Rape in the First Degree-Victim Unconscious. In an unpublished decision, the court decided to affirm Jackson's conviction and sentence. One judge dissented. Willie Donnell Jackson was found guilty by a jury for a serious crime involving a victim who was unconscious. The jury suggested that he spend life in prison without the chance to get out, but the trial judge decided to give him a chance for parole after a long time instead. Jackson didn't agree with this decision and said there were errors made during the trial that affected his rights. Jackson raised five main arguments on appeal. First, he said that the prosecutor acted improperly during the trial, which made it unfair. He claimed this had a cumulative effect and harmed his chance for a fair trial. Second, he thought the judge didn't give the jury the right instructions, which was another error. The third point was about his lawyers not helping him enough, meaning that he didn't get the proper support he needed during the trial. Fourth, Jackson believed that the prosecutor's actions led to a sentence that was too harsh compared to what happened. Finally, his last argument was that all the mistakes added up to deny him a fair trial and the legal protections he should have received. After looking at everything presented during the appeal, the judges decided there were no significant errors that would change the outcome of the trial. They did not agree with Jackson's claims, concluding that his trial was fair. As a result, they upheld the original decision and affirmed his sentence, meaning Jackson must serve a long time in prison. The judges, in concise language, rejected all of Jackson's claims, confirming that he did not prove that any errors affected the fairness of his trial or the severity of his sentence, leading to the final ruling.

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C-2018-372

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **LAVONTE ANTONIO JOHNSON,** **Petitioner,** **v.** **THE STATE OF OKLAHOMA,** **Respondent.** **Case No. C-2018-372** **SUMMARY OPINION DENYING PETITION FOR WRIT OF CERTIORARI** **Filed May 39, 2019** **JOHN D. HADDEN, CLERK** **LEWIS, PRESIDING JUDGE:** Lavonte Antonio Johnson, Petitioner, pled guilty to using a vehicle to facilitate the intentional discharge of a firearm, in violation of 21 O.S.2011, § 652(B), in the District Court of Oklahoma County, Case No. CF-2014-2033. The Honorable Susan K. Johnson, Special Judge, accepted the plea and deferred judgment for five (5) years, subject to rules and conditions of probation. The State later moved to accelerate the judgment, alleging that Petitioner violated the rules and conditions of probation by possessing a firearm and jumping bail. The Honorable Ray C. Elliott, District Judge, accelerated judgment and sentenced Petitioner to twenty-seven (27) years imprisonment. Petitioner filed a motion to withdraw his guilty plea, which the trial court denied. Petitioner now seeks a writ of certiorari based on the following propositions of error: 1. Petitioner did not knowingly and voluntarily enter his plea of guilty, and the district court erred when it denied his application to withdraw the plea. 2. Petitioner received ineffective assistance of counsel in violation of the Sixth and Fourteenth Amendments to the United States Constitution and Article II, §§ 7 and 20 of the Oklahoma Constitution. 3. Petitioner’s 27-year sentence is excessive under the Eighth Amendment and shocks the conscience. Certiorari review is limited to whether the plea was entered voluntarily and intelligently before a court of competent jurisdiction, whether the sentence is excessive, whether counsel was effective at either the plea hearing or the withdrawal hearing, and whether the State has the power to prosecute the defendant. ### Proposition One In this proposition, Petitioner claims that the record shows he did not voluntarily enter his plea, due to a notational error by his counsel regarding the 85% rule applicable to his sentence. The court points out that a valid plea represents a voluntary and intelligent choice among alternatives. The ruling on a motion to withdraw a plea is reviewed for abuse of discretion. The trial court concluded that despite the error, Petitioner was properly informed about the 85% crime classification, denying this proposition. ### Proposition Two Petitioner argues that his counsel failed to adequately advise him regarding the ramifications of the 85% rule, thus rendering his plea involuntary. The court reviews this claim under the two-pronged Strickland standard for ineffective assistance of counsel. The court found that Petitioner did not show that counsel's performance was deficient or that it prejudiced him, denying this proposition. ### Proposition Three Petitioner argues that his sentence is excessive. The court notes that a sentence within the statutory range will not be modified unless it shocks the court's conscience. Given that Petitioner violated probation for a violent felony by possessing a firearm and jumping bail, the court finds that the sentence does not shock the conscience, thus denying this proposition. ### Decision The petition for the writ of certiorari is DENIED. The Judgment and Sentence is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, the MANDATE is ORDERED issued upon delivery and filing of this decision. **APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY** **THE HONORABLE RAY C. ELLIOTT, DISTRICT JUDGE** ### APPEARANCES AT TRIAL **TONY COLEMAN** **ATTORNEY FOR PETITIONER** ### APPEARANCES ON APPEAL **ANDREA DIGILIO MILLER** **ATTORNEY FOR PETITIONER** **LORENZO BANKS** **THOMAS HURLEY** **ATTORNEYS FOR DEFENDANT** **DANIEL POND** **ATTORNEY FOR THE STATE** **OPINION BY: LEWIS, P.J.** **KUEHN, V.P.J.: Concur** **LUMPKIN, J.: Concur** **HUDSON, J.: Concur** **ROWLAND, J.: Concur** [**Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-372_1734105356.pdf)

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C-2017-1036

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**IN THE COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **MAY 23, 2019** **DANA MECHELE LANGLEY,** Petitioner, vs. **THE STATE OF OKLAHOMA,** Respondent. **Case No. C-2017-1036** **SUMMARY OPINION DENYING CERTIORARI** **HUDSON, JUDGE:** Petitioner Dana Mechele Langley was charged in the Tulsa County District Court with multiple counts, including **Lewd Molestation**, **Enabling Child Sexual Abuse**, and **Child Sexual Abuse**. Langley entered a blind plea of guilty to these charges on June 19, 2017. Following a hearing, Judge Sharon K. Holmes sentenced her to significant prison terms. On September 6, 2017, Langley, through her counsel, filed an application to withdraw her guilty plea, which led to the appointment of conflict counsel. After a hearing, her request was denied. Langley then sought a writ of certiorari, raising three propositions of error: 1. The trial court's denial of the motion to withdraw her guilty plea was plain error and an abuse of discretion due to an inadequate factual basis. 2. Denial of effective assistance of counsel during both the plea hearing and the plea withdrawal hearing. 3. The sentences imposed were excessive given the circumstances. **DECISION:** After reviewing the complete record, including transcripts and exhibits, the Court found no grounds for relief. **Proposition I:** The claim regarding the factual basis for the lewd molestation counts was not raised at the withdrawal hearing; thus, it was procedurally defective and not properly before the Court. **Proposition II:** The ineffective assistance claim was similarly waived as it was not included in her motion to withdraw. Furthermore, the Court found sufficient evidence supporting the factual basis of her pleas, dismissing claims about the inadequacy of representation. **Proposition III:** The sentences were consistent with statutory ranges and did not shock the conscience of the Court. **CONCLUSION:** The Petition for Writ of Certiorari is **DENIED**, and the judgment and sentence from the district court are **AFFIRMED**. **Pursuant to Rule 3.15, RULES OF THE OKLAHOMA COURT OF CRIMINAL APPEALS, the MANDATE is ORDERED issued upon delivery and filing of this decision.** --- **Click Here To Download PDF** [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2017-1036-1_1733900854.pdf)

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F-2017-1240

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In OCCA case No. F-2017-1240, Kevin Eugene Fowler appealed his conviction for five counts of Child Neglect. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Kevin Eugene Fowler was found guilty by a jury of neglecting his children, which included not providing them enough food and medical care. The jury recommended that he be sentenced to 30 years in prison for four of the counts and 10 years for the last count, with all sentences to be served one after the other, totaling 130 years. Fowler was required to serve 85% of his sentences before being eligible for parole. Fowler raised several points during his appeal, arguing that there were issues with how evidence was presented in court. He claimed that comments made by a police officer were unfair and that he did not receive a fair trial because of them. However, the court found that these comments were relevant and did not harm his case. Fowler also argued that he was wrongly punished multiple times for the same actions regarding his children, but the court ruled that his separate actions of failing to provide food and medical care could be treated as different crimes. He accused the State of misconduct during the trial, but the court concluded that the comments made were either allowed within the context of the trial or did not unfairly influence the jury. Another point raised was about his attorney not doing a good job. Fowler claimed his lawyer failed to object to improper arguments and was not sufficiently prepared. The court found that his lawyer's actions were not deficient and that there was no actual conflict of interest in defending both him and his co-defendant. Fowler believed that his lengthy sentences were excessive. Yet, the court determined that the sentences fell within the legal limits, and the trial judge had considered all relevant facts before deciding to make the sentences consecutive. Lastly, Fowler argued that all these issues combined made it impossible for him to get a fair trial, but since the court did not find any individual errors significant, they ruled against this claim as well. Overall, the court affirmed Fowler's multiple convictions and sentences, concluding that no errors were made that would warrant a new trial or a change in sentencing.

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C-2017-1044

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The document appears to be a legal summary from the Oklahoma Court of Criminal Appeals regarding the case of Auntra Lawan Edmonds. The case revolves around Edmonds' appeal after being convicted of two counts of First Degree Manslaughter. Here’s a concise overview of the case and the court's decision: 1. **Background**: Auntra Lawan Edmonds was charged with two counts of First Degree Manslaughter in Greer County District Court. After entering a no contest plea and being sentenced to life imprisonment for each count (to run concurrently), he later sought to withdraw his plea, which the court denied. 2. **Propositions of Error**: - **Proposition I**: Edmonds argued that the trial court erred in denying his motion to withdraw his plea, claiming it was not entered knowingly, intelligently, and voluntarily. The court found that the record sufficiently demonstrated that Edmonds was aware of his rights and the nature of the charges, thus affirming that his plea was valid. - **Proposition II**: He claimed ineffective assistance of counsel during the plea withdrawal hearing. The court concluded that this claim lacked merit, noting that Edmonds did not provide substantial evidence to support the claim of ineffective assistance. - **Proposition III**: Edmonds argued that his life sentences were excessive. The court reasoned that the sentences were factually substantiated and justified given the severity of the incident, including the presence of alcohol and prior criminal behavior. 3. **Court Decision**: The court denied Edmonds' petition for a writ of certiorari, affirming the judgment and sentence of the District Court. It upheld that the trial court did not abuse its discretion in denying the motion to withdraw the plea. 4. **Final Note**: The opinion emphasizes the importance of properly presenting claims during the trial and highlights that a defendant's dissatisfaction with a sentence does not invalidate a plea agreement. This case serves as a reference point for issues regarding plea withdrawals, effective legal counsel, and the proportionality of sentences in criminal proceedings.

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F-2017-994

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In OCCA case No. F-2017-994, Holly Tegan Zuniga-Griffin appealed her conviction for Enabling Child Abuse. In an unpublished decision, the court decided to affirm her conviction. One judge dissented. The case involved Holly Tegan Zuniga-Griffin, who was found guilty of enabling the abuse of her three-year-old son. The jury in Muskogee County decided she was guilty of this crime based on the evidence presented during the trial. She was sentenced to ten years in prison, following the jury's recommendation. Zuniga-Griffin raised several issues in her appeal. First, she argued that the law regarding child abuse was unclear and vague. However, the court found no reason to change its previous decisions on this issue and denied her claim. Next, she claimed there wasn't enough evidence to prove she understood her child was in danger when she left him with her 17-year-old boyfriend. The court disagreed, stating there was enough evidence to show she should have known her child was at risk. Zuniga-Griffin had made inconsistent statements about how her son got hurt, and medical evidence indicated he had been physically abused. She also said she was denied a fair trial because the judge didn't instruct the jury properly. The court acknowledged that some jury instructions could have been appropriate, but overall, they did not think this affected the trial's fairness. Another point she raised was about a nurse giving an opinion in court when she didn't have the right qualifications. The court found that the nurse did have enough training and experience to testify about the injuries on the child, so they disagreed with Zuniga-Griffin's claim. Zuniga-Griffin contended that the prosecution failed to provide important evidence that could have helped her case. However, the court concluded that she was aware of the photos in question during the trial and did not attempt to use them, dismissing her argument. She also claimed her lawyer did not do a good job representing her, which negatively impacted her trial. But the court found her lawyer's decisions were reasonable and did not affect the outcome. Zuniga-Griffin then argued that her ten-year sentence was excessively harsh. The court noted that her son had suffered serious injuries, and her sentence was within what the law allowed, so they did not find it shocking. Finally, she stated that all the errors combined during the trial made it unfair. The court determined that the errors she identified did not, either separately or together, undermine her right to a fair trial. In the end, the decision of the trial court was upheld, meaning Zuniga-Griffin would serve her sentence as originally decided.

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M-2016-596

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In OCCA case No. M-2016-596, Lyndol Keith Nunley appealed his conviction for Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to affirm his conviction. One judge dissented. The case began with a non-jury trial in which Nunley was found guilty of committing domestic abuse against someone he knew. The judge sentenced Nunley to pay a fine and to spend time in county jail. Initially, he was required to serve his jail time day for day, meaning he would serve the full year without any reductions. However, this requirement was later changed. Nunley appealed for three main reasons. First, he claimed his lawyer did not do a good job because there was no record of what happened during the trial, which made it hard for him to appeal. The court explained that to prove a lawyer was ineffective, a person must show how this caused them harm. Since Nunley did not give enough proof or show that any errors happened during the trial, his claim was not accepted. Second, Nunley argued that his sentence was too harsh. He believed the day for day term made his punishment excessive. However, since that requirement was removed after he filed his appeal, this argument was no longer valid. Lastly, Nunley pointed out that he received the maximum penalty allowed by law. The court noted that while it did impose the maximum jail time, his fine was much lower than what he could have received. The judges decided that Nunley did not show that his sentence was shocking or unfair, so they rejected his request to change it. In the end, the judges upheld the decision made in the lower court, meaning Nunley had to serve his sentence as it was decided.

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C-2015-856

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In OCCA case No. C-2015-856, Misty Dawn Smith appealed her conviction for Possession of Controlled Dangerous Substance (Methamphetamine). In a published decision, the court decided to deny Smith's petition for a writ of certiorari but modified her post-imprisonment supervision from two years to one year. One judge dissented. Smith was charged with having methamphetamine and entered a guilty plea in December 2012. She was supposed to complete a drug court program which could lead to a lighter sentence. If she did well, her sentence would be a five-year suspended sentence and a fine. If she didn't, she could face ten years in prison and a larger fine. She was taken to a treatment facility and started the drug court program in May 2013. However, in July 2015, the state asked to remove her from this program because she was not following the rules. A judge agreed, and Smith was sentenced to ten years in prison and a fine. Smith wanted to withdraw her guilty plea, arguing that she didn’t understand everything about her plea and the consequences of the drug court program. She also argued that her sentence was too harsh. The court looked at these claims but determined that there was no reason to allow her to change her plea. Her initial plea was considered to be made knowingly and voluntarily. The court found that Smith knew about the difficult nature of the drug court program and that she had many chances to follow the rules. They also stated that she didn’t raise her claim about the excessive sentence in the correct way, and therefore, it could not be considered. The court agreed that the two years of post-imprisonment supervision given to her was incorrect and lowered it to one year, which is what the law allows. The decision was made after reviewing all details and records of the case.

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C-2014-254

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In OCCA case No. C-2014-254, the petitioner appealed his conviction for embezzling over $25,000. In an unpublished decision, the court decided to affirm the trial court's ruling regarding the petitioner's motions, but vacated the restitution order and remanded the case for a new determination of the victim's loss. One judge dissented. The petitioner, who is William Reeves Cathey, was accused of embezzlement by the state. He pleaded guilty to the charge in 2012, and his sentencing was delayed multiple times so he could repay the money he took. When his sentencing finally took place in January 2014, he decided to represent himself after dismissing his lawyer due to their illness. The judge sentenced him to ten years in prison, but allowed him to suspend six years of that sentence and ordered him to pay $96,500 in restitution to the victim. Before he was sentenced, the petitioner made several requests to withdraw his guilty plea and to disqualify the District Attorney's office, claiming it was unfair. The court denied these requests. He also claimed that he did not understand the plea agreement because he thought the maximum fine would be much lower than what it was. He felt that the judge had not properly explained the charges to him when he entered his plea and claimed this made his plea involuntary. During the appeal process, the court looked at the petitioner's points. They decided that his concerns about the restitution order were valid. The court found that the lower court had not made it clear how the restitution amount was determined, and they thought that a new hearing was needed to sort this out. The court also rejected all of the petitioner's other arguments. They believed that he had entered his plea knowingly and that his sentence, while long, was not excessively severe. In conclusion, the court confirmed the denial of his motions to withdraw his plea but returned the issue of the restitution amount back to the trial court for further evaluation.

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F-2013-137

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In OCCA case No. F-2013-137, Antonio Catalino Myrie appealed his conviction for burglary in the second degree. In an unpublished decision, the court decided to affirm Myrie's conviction but vacated the $10,000 fine imposed. One judge dissented regarding aspects of the sentencing arguments presented at trial. Antonio Myrie was tried and found guilty by a jury. The jury decided that he would spend thirty-five years in prison and pay a fine for the crime. Myrie appealed this decision, claiming several errors during his trial. He argued that the trial court made mistakes by not allowing him to suppress DNA evidence, not giving him more time to prepare his case, and other issues he thought affected his right to a fair trial. The judges reviewed the claims made by Myrie. They explained that the evidence used in his trial, including the DNA, was evaluated carefully. The judges believed that the trial court's decision to admit the DNA evidence was not a mistake. They also felt that Myrie did not show that he would have won his case even if the DNA had been tested differently. Myrie's other claims included that the court made mistakes in admitting hearsay evidence, which means statements made outside of court that shouldn't be used as evidence in court. The judges found that there was no strong reason to believe this would change the outcome of the trial, so they denied this claim as well. One important point was about how the jury was instructed on the consequences of a conviction. Myrie’s lawyers did not object to the jury instructions, and the judges concluded that one instruction wrongly made it sound like the fine was mandatory. They decided to remove the fine based on this mistake. Myrie also argued about misconduct during the trial, specifically that the prosecutor mentioned too many of his previous convictions, which he believed made the jury biased against him. However, the judges thought that while there were errors in how the prosecutor presented this information, it did not affect the fairness of the trial enough to change the outcome. In the end, the judges agreed that Myrie's punishment was justified given his past actions, and they decided to keep the thirty-five-year prison sentence while removing the fine due to a mistake about the jury instruction. One judge disagreed with parts of the decision, particularly about how the prosecutor argued about Myrie's past, stating it should have a different impact on the sentence. Overall, the court upheld the conviction and modified the fine.

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F-2012-914

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In OCCA case No. F-2012-914, Bradley Joe Raymond appealed his conviction for Assault and Battery with a Dangerous Weapon, Domestic Abuse in the Presence of a Minor, and Domestic Abuse by Strangulation. In a published decision, the court decided to affirm the convictions but modified the sentence for one count. One judge dissented. Raymond was found guilty of three serious crimes connected with domestic violence. After the trial in McCurtain County, the jury decided that he should spend life in prison for each count. However, the judge decided that Raymond's sentences for two of the counts would be served at the same time, while the sentence for the third count would be served after the first two. Raymond's appeal included questions about whether the jury received the correct instructions regarding his possible punishments given his past crimes and whether certain evidence presented during the trial might have harmed him. The court found that the jury instructions relating to his first and third counts were correct but that there was a mistake concerning the instructions for the second count of Domestic Abuse in the Presence of a Minor. For the second count, the law at the time stated that certain punishments were not allowed if the crime was a second or later offense. Since the sentencing guidelines given to the jury were incorrect, Raymond’s sentence for that count was changed from life in prison to five years in prison, while the sentences for the other counts remained the same. The appeals court also addressed a concern that some evidence presented during the trial might have caused unfair prejudice to Raymond. After reviewing the evidence, the court determined that it did not find any significant error as it did not affect the overall outcome of the case. The court ultimately confirmed the convictions for the first and third counts and changed the sentence for the second count, ensuring that Raymond would serve five years instead of life for that specific offense.

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F-2011-1059

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In OCCA case No. F-2011-1059, Cristopher Lyn Kibbe appealed his conviction for various crimes, including Attempted Second Degree Burglary, Second Degree Burglary, Driving with a Revoked License, and Conspiracy to Commit Burglary. In an unpublished decision, the court decided to affirm the judgment and sentence on the second and third counts, but modify the sentence on the attempted burglary to ten years. One judge dissented. Kibbe was found guilty by a jury and received a twenty-year sentence for each of the first two counts, while a fine of $100 was imposed for driving with a revoked license. His trial raised several issues related to judicial conduct and evidence. First, Kibbe argued that his trial was shaped unfairly by improper comments or testimonies from the prosecution. He claimed that a police officer made prejudicial remarks. However, the court found that the trial judge acted appropriately by not ordering a mistrial, as the errors cited were not fundamentally harmful to the fairness of the trial. Second, Kibbe contended that the evidence presented was not enough to support the jury's decision. The court determined that the testimony from his accomplice was properly corroborated and sufficient to justify the jury's verdicts. Kibbe also claimed that he was denied his right to present a full defense. Parts of his statements to police were not allowed into evidence. However, the court noted that many of Kibbe's exculpatory statements were presented before the jury, so it was unclear if additional statements would have made a difference. The appeal included complaints about evidence used during the sentencing phase. Kibbe's prior convictions were mentioned, and he argued that they should not have been because they were from similar transactions. The court upheld the trial judge’s decision to allow those convictions as proper evidence for sentencing enhancement. Kibbe's claims of prosecutorial misconduct were largely dismissed as well. Although he pointed out several alleged wrongdoings by the prosecutor, the court found that the arguments did not amount to significant error. Ultimately, the court modified Kibbe's sentence on one of the counts due to a clear legal error regarding the length of the sentence. The court reduced this sentence from twenty years to ten years, which adhered to statutory guidelines. The court did not find that the cumulative errors impacted Kibbe’s right to a fair trial, and therefore, most of his convictions and sentences were upheld. The decision was to confirm the judgment on Counts 2 and 3, and modify the sentence on Count 1.

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F-2012-168

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In OCCA case No. F-2012-168, Tommie Joe Moore appealed his conviction for Distribution of a Controlled Dangerous Substance, Possession of a Controlled Dangerous Substance, and Trafficking in Illegal Drugs. In a published decision, the court decided to affirm Moore's convictions but modified his fine on one count. One judge dissented. Moore was found guilty after a jury trial and received a sentence of twenty years for Distribution and a $25,000 fine, ten years for Possession and a $7,500 fine, and twenty-five years for Trafficking with another $25,000 fine. The sentences for the Distribution and Possession counts were ordered to be served at the same time, but the Trafficking sentence was to be served afterward. Moore raised several points in his appeal. He argued that the fine for the Distribution count was too high and that it should be corrected. He claimed that the jury should have been instructed about a lesser charge related to Possession and that he did not get a fair trial because of mistakes made during the trial, including some comments made by the prosecution. He also stated that the sentences he received were too harsh and should not have been served one after another, but at the same time. After reviewing all the evidence and arguments, the court agreed that the fine for the Distribution count was indeed too high and changed it to $10,000. However, the court found that there was no need for a lesser charge instruction, and that the prosecution's actions did not affect the fairness of Moore's trial. The sentences given to Moore were within legal limits, and the court did not think they were excessively harsh. In the end, the court affirmed Moore's convictions but made a change to reduce the fine in one of the counts. This meant that while the convictions stood, Moore would not have to pay the original high fine, and he could continue to serve his sentences as ordered.

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F-2011-407

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In OCCA case No. F-2011-407, Kevin Maurice Brown appealed his conviction for multiple counts of robbery and firearm possession. In an unpublished decision, the court decided to affirm his convictions on all counts except for one count of possession of a firearm, which was reversed. One judge dissented. Kevin Brown was found guilty of robbing several businesses in Tulsa, using a firearm during these crimes. The jury decided on severe punishment, including life imprisonment and hefty fines. The trial also took note of Brown's previous felonies, which influenced the decisions. During the case, issues arose regarding double punishment for two counts of firearm possession that were related to the same gun. Brown’s defense argued that charging him with both counts violated the principle against double jeopardy, which protects individuals from being punished multiple times for the same crime. The court agreed that the evidence showed he was being punished twice for the same offense, which is not allowed, and reversed the conviction for one of those counts. Brown also felt he didn’t receive good legal help during his trial because his lawyer didn’t challenge the double counting of the firearm charges. However, since one count was reversed, this concern was considered resolved. Additionally, Brown thought his sentences were too harsh, especially since no one was hurt in the robberies. The court stated that while the sentences were serious, they were within the law, and given his past convictions, they did not seem extreme or unjust. Brown submitted additional concerns in a separate brief, but these were not accepted because they did not follow required guidelines. As a result, the court denied those arguments. In summary, while Brown's convictions for robbery and firearms were mostly upheld, one of the firearm possession counts was overturned due to improper double punishment. The court found no errors significant enough to change his overall sentence, which reflected the severity of the crimes committed.

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C-2010-1129

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In OCCA case No. C-2010-1129, Julius Jerome Walker appealed his conviction for multiple charges. In an unpublished decision, the court decided to deny his appeal but reversed one count with instructions to dismiss. One judge dissented. Walker was charged in a District Court in Muskogee County with serious crimes including Assault and Battery and Child Abuse. He decided to plead guilty to all the charges. The judge sentenced him to life for each charge, but they would all be served at the same time. After some time, Walker wanted to change his mind and filed a request to withdraw his guilty plea. During the hearing on his request, Walker raised several reasons why he felt he deserved to withdraw his plea. He argued that his lawyer did not help him well enough during the whole legal process, which is known as ineffective assistance of counsel. He also said he was punished too many times for actions that were really just one event, and that his sentences were much too harsh. After looking closely at all of his claims and the case details, the court decided to deny his request to withdraw the plea. However, they agreed with Walker on one point: he had been punished too many times for one part of his actions, so they decided to dismiss one of the counts against him. The court found that Walker’s arguments about ineffective assistance of counsel were not strong enough to change the outcome of the case except for that one count. They explained that his lawyer’s performance did have a small mistake, but most of what his lawyer did was acceptable. Finally, regarding the severity of his sentences, the court did not think they were too extreme, as they were in line with what the law allowed. Thus, they ruled that his punishments were fair based on the circumstances of the case. In summary, Walker did not succeed in changing his guilty plea except for one part of the case. The court maintained most of the convictions and sentences while ensuring that he would not be unfairly punished for the same event more than once.

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F-2009-466

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In OCCA case No. F-2009-466, Derrick Andre Fields appealed his conviction for Shooting with Intent to Injure. In an unpublished decision, the court decided that the trial court imposed a sentence that was not authorized by law and remanded the case back to the trial court for resentencing. One judge dissented.

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F-2007-636

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In OCCA case No. F-2007-636, Bryan William Long, Jr. appealed his conviction for Unlawful Possession of a Controlled Drug with Intent to Distribute (Methamphetamine). In an unpublished decision, the court decided that the sentence imposed by the District Court was vacated, and the case was remanded to determine the total number of days served under the original sentence. In C-2007-743, the judgment and sentence for Burglary in the Second Degree was affirmed, but the District Court was directed to correct the journal entry regarding prior felony convictions. #1 dissented.

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C-2007-554

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In OCCA case No. C-2007-554, Aaron Perry Hampton appealed his conviction for burglary in the first degree and other charges. In an unpublished decision, the court decided to deny the appeal and affirmed most aspects of the lower court's decision, but also instructed the lower court to correct some clerical errors. One judge dissenting. Hampton had pleaded guilty to multiple charges, including burglary and assault, and was sentenced to a total of 35 years in prison. He later tried to withdraw his pleas, claiming that he did not understand what he was doing when he entered them and that the sentences were too harsh. The court found that he had been mentally competent and was aware of his actions when he pleaded guilty. They determined the sentences were appropriate for the crimes he committed. However, they agreed that there were mistakes in the official paperwork regarding the sentences and case numbers, so they sent the case back to the lower court to fix those errors while keeping the original sentences in place.

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F-2004-1277

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In OCCA case No. F-2004-1277, Hammons appealed his conviction for trafficking in illegal drugs and related charges. In a published decision, the court decided to affirm the judgments and sentences for Counts 1, 2, 4, and 5, but reversed the judgment and sentence for Count 3. One judge dissented regarding the communication with the jury.

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