Substantial Rights

F-2016-179

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In OCCA case No. F-2016-179, John Stanton Lewis appealed his conviction for possession of a controlled dangerous substance and other related offenses. In an unpublished decision, the court decided to affirm Lewis's convictions for three counts and modify his conviction for one count from a felony to a misdemeanor, resulting in a shorter sentence. One judge dissented. Lewis was convicted in a district court for several counts involving drugs and a firearm. The jury sentenced him to different terms, including 15 years for possession of methamphetamine after previous felonies, 2 years for firearm possession, 4 years for marijuana possession, and 90 days for drug paraphernalia. The court made these sentences consecutive and gave him credit for time served. Lewis raised four main arguments on appeal: 1. **Illegal Search**: He argued that evidence against him should not have been used because it was obtained through an illegal search. The court found that the initial entry into his mobile home by law enforcement was legal since it was during a fire incident and they were investigating. Therefore, this argument was denied. 2. **Jury Instructions**: Lewis contended that the jury was not properly instructed on the possible punishments for his offenses, particularly about the enhancement of his charges due to prior convictions. The court agreed that there was a plain error concerning the instruction for the marijuana possession charge, modifying it to reflect a misdemeanor instead of a felony. His sentence for that charge was reduced from four years to one year. 3. **Evidence for Firearm Charge**: He claimed the evidence was insufficient to convict him for possession of a firearm because the state did not prove the firearm he had was capable of firing. The court found that it is not necessary to prove whether the gun could fire for a conviction under the law, so this argument was denied. 4. **Ineffective Counsel**: Lewis argued that his lawyer did not do a good job representing him. The court noted that proving ineffective counsel requires showing that the lawyer's mistakes affected the outcome of the trial. Lewis couldn't prove his lawyer was ineffective in this case because the range of punishment given was correct, and therefore, this claim was denied. Ultimately, the court affirmed the convictions for several charges, but modified the marijuana possession conviction to reflect a misdemeanor resulting in a shorter sentence. The judgments overall were mostly upheld.

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F-2016-55

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In OCCA case No. F-2016-55, James Curtis Cox appealed his conviction for Sexual Abuse of a Child. In an unpublished decision, the court decided to affirm the convictions but modify the sentences to run concurrently instead of consecutively. One judge dissented. Here's a summary of what happened: Cox was tried by a jury and found guilty of two counts of Sexual Abuse of a Child. The judge sentenced him to a long time in prison: twenty-five years for the first count and life imprisonment for the second count, along with fines. He had to serve eighty-five percent of his sentences before he could be considered for parole. Cox appealed because he thought several things went wrong during his trial. First, he complained that his lawyer did not do a good job. He also said the trial court made mistakes by not instructing the jury properly about certain evidence and that they considered witness statements that shouldn’t have been allowed. The court reviewed everything his lawyer did and decided that Cox was not able to show that he had suffered because of his lawyer's performance. They ruled that even if his lawyer didn’t object to some evidence or didn’t ask for certain instructions, it did not ruin his chance for a fair trial. The judges also looked at whether the trial court made mistakes about some evidence being used during the trial. They found that while some evidence shouldn’t have been used, it didn’t change the outcome of the trial. However, when it came to sentencing, the judges found a significant problem. The trial court should not have considered certain statements from victims who were not part of the case. They concluded that the judge was influenced by these statements, which were not allowed, while deciding how long Cox should stay in prison. In the end, the judges decided that Cox’s sentences should be changed to run concurrently, meaning he would serve them at the same time instead of one after the other. The court affirmed the convictions but modified the sentences so Cox would have a slightly lighter sentence to serve compared to what they initially decided. The appeal allowed Cox to get a better outcome in terms of his sentences, even though he still faced serious charges.

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F-2015-374

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In OCCA case No. F-2015-374, Jerrell Otis Thomas appealed his conviction for Shooting with Intent to Kill, Robbery with a Weapon, and Possession of a Firearm After Former Conviction of a Felony. In an unpublished decision, the court decided to affirm the conviction for Shooting with Intent to Kill and Possession of a Firearm, but to reverse the conviction for Robbery with a Weapon with instructions to dismiss. One judge dissented. Jerrell Otis Thomas was found guilty by a jury for three serious crimes. The main issue was whether he was being punished too harshly for his actions. He argued that he should not have been convicted for both Shooting with Intent to Kill and Robbery with a Weapon because they were connected, like two parts of the same event. The court agreed with him on this point and felt that, under the law, he should not be punished twice for what they saw as one act. Thomas also claimed that he did not get a fair trial because the public was kept out of the courtroom while a key witness testified. The court looked into this and decided that the closure was justified due to threats made against the witness, ensuring their safety. He further claimed that his lawyer did not help him enough during the trial. After considering all the facts, the court found that his lawyer did their job okay, and there wasn't enough evidence to show he was harmed by their actions. Finally, the judge determined that the way Thomas's sentences were set to run (one after another) was acceptable, even though they reversed one of his convictions, meaning he would serve less time than originally planned for that charge. Overall, Thomas won on one point regarding his robbery conviction, meaning that part of the punishment was taken away, but his other convictions were upheld. The court’s decisions aimed to ensure no unfair punishment occurred while also maintaining the law's integrity.

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C-2014-854

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In OCCA case No. C-2014-854, Cory James Leon Whiteside appealed his conviction for Domestic Assault and Battery and Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to grant his petition, allowing him to withdraw his pleas. One member of the court dissented. Whiteside pleaded guilty to two misdemeanor charges involving domestic violence. The court sentenced him to one year in jail for each charge, with the sentences to run one after the other. Shortly after pleading guilty, Whiteside asked to change his plea from guilty to not guilty, stating he had not understood the consequences of his plea. His request to withdraw his plea was denied by the court. Whiteside then appealed this decision, arguing two main points. First, he claimed he did not knowingly and voluntarily give up his right to have an attorney represent him during the case. Second, he argued that he should be allowed to withdraw his plea because he didn't fully understand what he was agreeing to. The court reviewed the entire record of the case. It found that Whiteside's waiver of his right to counsel was not made in a knowing and voluntary way, meaning there was no clear record showing that he understood what self-representation involved or that he had been advised of the risks of not having a lawyer. The state even agreed with this point. Because this error was significant, the court decided to let Whiteside withdraw his guilty pleas. Following this decision, the other issue Whiteside raised became unnecessary to address. Therefore, the court ordered that Whiteside be allowed to withdraw his pleas.

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F-2014-524

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In OCCA case No. F-2014-524, Robert Dewayne Cox appealed his conviction for possession of methamphetamine, possession of marijuana, and public intoxication. In an unpublished decision, the court decided that Cox's conviction for misdemeanor possession of marijuana should be reversed, but the other convictions were affirmed. One judge dissented. Cox was found guilty by a jury in the District Court of Bryan County. The jury recommended a ten-year prison sentence for the methamphetamine charge, one day in jail for marijuana possession, and five days for public intoxication. The sentences were ordered to run concurrently. Cox raised several claims in his appeal. He argued that having two convictions for different drug possessions from the same incident was unfair and violated his protections against double punishment. The court found this claim valid and indicated it was a plain error, meaning it was obvious even though it was not raised during the trial. Next, Cox argued the law enforcement did not properly prove that the drugs taken from him were the same ones tested by the crime lab. The court found that he did not show this as an error as there was enough evidence to link the substances to the case. Cox also stated that the jury was influenced by evidence of other bad acts that should not have been admitted. However, the court decided that this evidence was relevant to the case and did not count as an error. Cox claimed that his attorney did not do a good job of defending him, especially regarding the issues he raised in his appeal. The court concluded that since they found a plain error regarding the possession charge, the claim about ineffective assistance was not necessary to address. Finally, Cox argued that the mistakes in the trial added up to deny him a fair trial. The court determined that while there was a mistake in charging him for both drug possessions, it was an isolated incident and did not create a pattern of errors that would warrant a new trial. In summary, the court upheld Cox's convictions for possession of methamphetamine and public intoxication but reversed the conviction for possession of marijuana because he should not have been punished twice for the same action. The case was sent back to the lower court for necessary actions related to this decision.

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C-2014-270

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In OCCA case No. C-2014-270, Gabriel Brian Solis appealed his conviction for Child Abuse. In an unpublished decision, the court decided to remand the case for resentencing before a different trial court. Solis had entered a plea where he maintained his innocence but accepted the plea for reasons other than guilt. He was sentenced to eighty years in prison and a fine, needing to serve 85% of the time before being eligible for parole. After feeling he was unfairly treated, he tried to withdraw his guilty plea, but the trial judge did not allow it. Solis then sought a higher court's intervention, which granted him a new hearing with a different lawyer. During the new hearing, it was found that the judge had shown bias against Solis and that his attorney had not done enough to protect his rights. This bias and the lack of effective legal representation were key reasons for the court’s ruling that Solis had been denied a fair trial. The court ultimately agreed that there were serious issues with how the plea was handled and the sentencing process. In summary, the court ruled in favor of Solis due to the unfairness he experienced in his initial trial, which led to the decision to have the case heard again, ensuring a fair process moving forward.

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F-2013-1073

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In OCCA case No. F-2013-1073, George H. Pinkney appealed his conviction for possession of a controlled substance (marijuana) in the presence of a minor, among other charges. In a published decision, the court decided to modify his sentence for the first count to five years but upheld other convictions. One judge dissented regarding the sentence modification.

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F-2013-788

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In OCCA case No. F-2013-788, Travis Lenard Mikado appealed his conviction for Attempting to Elude a Police Officer and Possession of a Controlled Dangerous Substance for both Marijuana and Methamphetamine. In a published decision, the court decided to reverse the conviction for the misdemeanor Possession of Controlled Dangerous Substance while affirming the convictions for Attempting to Elude a Police Officer and the felony possession of Methamphetamine. One judge dissented. The case began when two police officers saw Mikado driving erratically, crossing the centerline. They activated their lights and followed him into a parking lot. Instead of stopping, Mikado accelerated, jumped the curb, and took off down the street, leading the officers on a high-speed chase. The pursuit ended when Mikado lost control of his car, which flipped multiple times. He was thrown from the vehicle but was conscious when officers reached him. A search revealed he had Methamphetamine and Marijuana in his pockets. Mikado challenged his convictions for Possession of a Controlled Dangerous Substance, claiming they violated laws against multiple punishments. However, he hadn’t raised this challenge before the trial, so the court evaluated it for plain error, which occurs when there is an obvious mistake that impacts the fairness of the trial. The court found that Mikado's two drug possessions were part of a single act since both drugs were found in one location. The ruling referenced past decisions where individuals could not be punished more than once for the same offense if it was part of one action, as in Mikado’s case. The court decided that since the Methamphetamine and Marijuana were both in the same pocket, it counted as one act of possession. Therefore, the conviction for one of the drugs was reversed. In summary, the court affirmed most of Mikado’s convictions but recognized that he should not have been punished for both drugs separately, leading to a significant change in his sentencing.

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F-2013-812

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In OCCA case No. F-2013-812, Alphie Phillip McKinney appealed his conviction for multiple drug-related offenses, including Trafficking in Illegal Drugs (Cocaine). In an unpublished decision, the court decided to affirm some of his convictions but also reversed two of them. A dissenting opinion was provided on one of the points regarding multiple punishments. The case involved McKinney being found guilty by a jury of various drug crimes. The jury's recommended punishment included many years of imprisonment and fines. The trial court sentenced him accordingly. McKinney raised several arguments in his appeal, seeking to challenge the fairness of his trial and the legality of his sentences. One major point of contention was whether the prosecutor unfairly excluded certain jurors based on race, claiming violation of equal protection rights. The court decided that McKinney did not prove purposeful discrimination and upheld the decisions made by the trial court regarding jury selection. Another argument was about the prosecutor's questioning related to McKinney’s past drug possession case during the trial. The court found that since McKinney had already spoken about his past, the prosecutor's questions did not harm his case. McKinney’s attempt to argue that his multiple convictions for possession of different drugs should be treated as one was considered. The court found that having several drugs at once can still lead to multiple charges under the law. However, they also concluded that McKinney’s convictions for possession in some counts were in error because he could only be punished once for a single action of possession involving multiple drugs. The court further ruled on McKinney's claims that his punishments for different crimes related to the same act went against legal protections against being punished multiple times for the same behavior. The court agreed with some points raised by McKinney about this and decided to reverse two of his possession convictions. However, they maintained that his trafficking conviction and another possession charge did not violate those protections because they fell under different legal conditions. Lastly, McKinney argued that his attorney did not do a good job representing him during the trial. The court reviewed this claim but decided that he did not show that he had suffered any harm from his attorney’s actions and thus did not grant relief based on this argument. In summary, the judgments in Counts I, II, IV, and VI were upheld, while the judgments in Counts III and V were reversed and sent back with instructions to dismiss those charges. One judge agreed with most of the decision but disagreed on how some arguments about multiple punishments were handled. Another judge also showed support for the prosecution's handling of certain charges but felt differently regarding the evaluation of potential double punishments.

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C-2014-373

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In OCCA case No. C-2014-373, Jack Eugene Metzger appealed his conviction for multiple charges including First Degree Burglary, Larceny of an Automobile, Driving Under the Influence of Alcohol (second offense), Eluding a Police Officer, Violation of Protective Order, and Driving Without a Driver's License. In an unpublished decision, the court decided that Metzger could withdraw his guilty plea for certain counts but denied the request for others. One judge dissented. Metzger entered a guilty plea for several crimes and was sentenced to serve time in prison along with fines. After his plea, he asked to take it back, saying he hadn’t been fully informed. He raised several issues in his appeal, claiming his pleas were not voluntary, the sentences for some charges were illegal, and he didn’t get help from his lawyers when he needed it. The court looked at whether Metzger's pleas were made knowingly and voluntarily. It noted that mistakes were made when explaining the possible punishments for some of the charges. The court decided that while Metzger did understand a lot, there were significant errors in how he was informed about some counts. Since he didn’t receive the correct information on charges related to driving under the influence, eluding police, and violations of protective orders, his plea for those counts was not properly made. Therefore, he was allowed to withdraw his guilty pleas for those specific counts but not for the burglary or larceny charges. In summary, the court allowed Metzger to take back his guilty plea on the counts where he was not informed correctly about the punishment, but it did not agree with his claims regarding other counts.

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J-2014-326

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In OCCA case No. J-2014-326, J.L. appealed his conviction for Assault with a Dangerous Weapon and Carrying a Dangerous Weapon on School Property. In a published decision, the court decided to affirm J.L.’s adjudication of delinquency. One judge dissented. The case began when a petition was filed against J.L. on August 16, 2013, highlighting the two charges. The lower court found J.L. delinquent on April 8, 2014. J.L. argued that the evidence was not enough to show that he intended to harm someone. He also claimed that there wasn’t proof that the knife he had was indeed a dangerous weapon against school rules and that the judge acted like a prosecutor instead of remaining neutral. The court looked at the evidence closely. They needed to see if any reasonable person could find J.L. guilty beyond a reasonable doubt. Despite some conflicting testimony about the events, the evidence presented was enough to support the conclusion that J.L. committed an assault with a dangerous weapon. Regarding J.L.'s second point about the knife, the court determined that photographs provided were adequate to prove that it was a prohibited weapon on school grounds. In the third argument, J.L. said the judge did not stay neutral when he handled the knife in court. The judge asked someone to bring in the knife and then had J.L. confirm that the knife shown was similar to his. Since J.L. didn’t object to this during the trial, he could not complain about it later unless he could prove it was a serious mistake. The court explained that J.L. had to show that there was a real error that changed the outcome of the case. Since he couldn’t show this, the court decided not to take action on his claims. Ultimately, the court upheld the lower court's decision that J.L. was delinquent for the charges against him. The opinion concluded with directions for the lower court to adjust one of the charges to a lesser offense.

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F-2012-732

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In OCCA case No. F-2012-732, Omar Sharrod Pollard appealed his conviction for Unlawful Distribution of a Controlled Dangerous Substance (crack cocaine). In an unpublished decision, the court decided to affirm Pollard's conviction but modified his sentence. One Justice dissented. Here’s a breakdown of what happened in this case: 1. **Background**: Pollard was tried by a jury and found guilty of selling crack cocaine. He had prior felony convictions, which were used to enhance his sentence. The jury decided on a punishment of forty years in prison. 2. **Issues on Appeal**: Pollard raised several points in his appeal: - He claimed that he did not receive a fair trial due to the admission of multiple felony convictions from the same event to enhance his sentence. - He alleged prosecutorial misconduct that he believed made his trial unfair. - He argued that he did not receive effective help from his lawyer during the sentencing phase. - He said that information about his previous suspended sentences should not have been shared with the jury during the trial. - He questioned whether there was enough evidence for his conviction. - He thought his sentence was too long. - He claimed the accumulation of errors in his trial prevented a fair process. 3. **Court's Findings**: The court reviewed Pollard's claims. They concluded that while he did not need to reverse the conviction, his sentence needed to be adjusted. The court acknowledged two specific errors concerning how the State presented Pollard's prior convictions and the details of his past sentences to the jury. 4. **Errors Identified**: - It was wrong for the jury to hear about Pollard’s multiple felony convictions from the same incident. The law states that for estimating punishment, the jury should only be aware of one conviction from a single event. - Additionally, disclosing that some of his previous sentences were suspended was inappropriate. This information could have biased the jury against him and influenced their decision on sentencing. 5. **Conclusion**: The court felt that these mistakes likely swayed the jury's decision on Pollard's punishment. Therefore, they decided to reduce Pollard's prison sentence from forty years to twenty-five years. The judgment of the district court was affirmed, but Pollard's sentence was modified to a lesser term of 25 years in prison.

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C-2013-150

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In OCCA case No. C-2013-150, a person appealed her conviction for possession of a controlled dangerous substance in the presence of a child and child neglect. In a published decision, the court decided to deny some requests but modified the sentence. One judge dissented. The case involved Jennifer Michelle Stumpe, who pled guilty to two crimes. The first was possessing marijuana in front of a child, and the second was child neglect. She entered a program to help people with drug problems. Unfortunately, her participation in the program did not go well, leading the state to seek to terminate her involvement in the program. After agreeing to terminate her program participation, Stumpe was sentenced to five years in prison for each crime, but the sentences would run together. She later asked the court to let her take back her guilty plea, claiming she did not get a fair chance because of her lawyer and that she didn't understand the consequences of her plea. The court looked closely at her claims. Stumpe argued she did not get good help from her lawyer and that she was confused about the law and the possible punishments. However, the court found that these claims should not change the outcome of her case and that there was no big mistake made that would affect her rights significantly. Stumpe specifically challenged the length of her sentence for the first crime. The law said she could only get a maximum of two years in prison for that charge, but the court had given her five years. The court agreed that this was a mistake and decided to change her five-year sentence for that crime down to two years while keeping the other parts of her punishment the same. In summary, while Stumpe's requests to withdraw her pleas based on poor advice were denied, the court granted her request to reduce her sentence for the first crime to match the law.

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F-2012-916

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In OCCA case No. F-2012-916, Andrew Lee Harris appealed his conviction for Possession of a Controlled Substance (Cocaine) after being found guilty by a jury in the District Court of McCurtain County. In an unpublished decision, the court decided to modify his sentence from thirty years to twenty years in prison. One judge dissented. Andrew Lee Harris was found guilty on charges for having cocaine. His punishment was set at thirty years, but he did not agree with the decision and decided to appeal. During the appeal, he argued that: 1. The jury wasn't given the right instructions about possession of paraphernalia, which he thought was unfair. 2. The prosecutor gave improper evidence and made comments that affected the fairness of his sentencing. 3. The trial court did not follow required procedures in his case. The court analyzed these claims carefully. In the first point, they decided that the jury did not need to be told about possession of paraphernalia because it was not a lesser included offense of cocaine possession. This means it was a separate crime, and the judge was right not to give those instructions. In his second point, the court looked at the information that was presented during the trial. They said there were some mistakes with what was allowed as evidence. A former probation officer talked about Harris's past, which shouldn't have been mentioned because it could make the jury think about parole and probation unfairly when deciding his sentence. The court found that this could have influenced the jury, especially since they asked questions about how long Harris would be on parole. Therefore, they decided that because of this, it was necessary to reduce his sentence to twenty years. As for the third point, the court felt that the way the trial judge handled certain procedures was not a problem anymore because they had already decided to change Harris's sentence based on the earlier mistake. In the end, the court agreed with Harris’s reasoning about how he should have been sentenced, leading them to change his punishment. They affirmed his conviction but modified the sentence to twenty years in prison.

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F 2011-1045

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In OCCA case No. F 2011-1045, Joshua Paul Nosak appealed his conviction for first-degree manslaughter, leaving the scene of a fatal accident, driving without a driver's license, and assault with a dangerous weapon. In an unpublished decision, the court decided to affirm his convictions but ordered that the case be sent back to fix a mistake in the sentencing. One judge disagreed with the decision. Nosak was found guilty of serious crimes after a jury trial. The jury decided he was guilty of first-degree manslaughter for driving while impaired and also found him guilty of leaving the scene of an accident after someone died. He was sentenced to a total of 50 years in prison for the manslaughter charge and received additional time and fines for the other offenses. Nosak's appeal raised several arguments. First, he believed that the court should not have allowed a specific charge against him because the underlying misdemeanor wasn't strong enough to support the manslaughter charge. However, the court found that this didn't really hurt his case because the jury found him guilty on other grounds. Second, Nosak argued that the court allowed bad evidence to be presented, which shouldn't have been allowed. The court found that he didn't object to this during the trial, so they couldn’t rule on it unless it was obviously wrong and affected his rights, which they determined it did not. Third, he claimed that he didn’t get good help from his lawyer. However, the court said that because the evidence against him was very strong, he could not show that he was harmed by any mistakes made by his attorney. The fourth point was about correcting mistakes in the court's decision regarding his punishment. The court accepted that there were errors in the sentencing order and decided to send the case back to fix them. Finally, Nosak argued that the many errors combined made it impossible for him to have a fair trial. But the court found that there were no individual mistakes that were serious enough to change the trial's outcome. In conclusion, the decision meant that while Nosak's convictions were upheld, the court would correct the sentencing mistakes before finalizing the case. One judge disagreed with this conclusion, but the others agreed with the majority opinion.

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F-2011-568

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In OCCA case No. F-2011-568, Gary Patrick Ciancio, Jr. appealed his conviction for Child Abuse by Injury. In an unpublished decision, the court decided to affirm his conviction but modified his sentence. One judge dissented. Ciancio was found guilty of hurting a child, identified as C.D. He was accused of causing burns on C.D.’s hand with a cigarette lighter and hitting C.D. with a belt, leading to severe bruises. The jury sentenced him to 25 years in prison along with a fine. Ciancio argued that his trial was not fair because the court allowed evidence that showed his bad character and past actions that were unrelated to the charges. He also claimed that his lawyer did not help him properly during his trial because the lawyer did not challenge these pieces of evidence. During the trial, C.D. testified that Ciancio was responsible for his injuries and described different ways Ciancio had punished him in the past. Ciancio denied causing the injuries, saying they were accidental. His defense included claims that C.D. got hurt while playing. The court allowed many pieces of evidence that painted Ciancio in a negative light but were not directly related to the specific charges against him. Ciancio's appeals were based on these issues, saying they made his trial unfair. The court noted that while there was a lot of damaging evidence presented against Ciancio, the key facts still proved he was guilty. However, the blend of improper evidence and the lack of objection from Ciancio's lawyer led the court to feel that the sentence might have been unfairly harsh. The court decided that because of the ineffective assistance from his lawyer, Ciancio's sentencing should be reduced from 25 years to 15 years. In conclusion, Ciancio’s conviction was upheld, but his time in prison was reduced due to problems with how his trial was handled.

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F 2010-1191

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In OCCA case No. F 2010-1191, Mark A. Sanders appealed his conviction for possession of a controlled dangerous substance and carrying a weapon. In a published decision, the court decided to reverse and remand for further proceedings. One judge dissented.

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F-2009-398

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In OCCA case No. F-2009-398, the Appellant appealed his conviction for Unlawful Possession of a Controlled Substance (Phencyclidine) with Intent to Distribute and Unlawful Possession of a Controlled Substance (Marijuana) with Intent to Distribute. In an unpublished decision, the court decided to affirm the conviction for the first count and reverse the conviction for the second count, with instructions to dismiss it. One justice dissented.

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F-2005-110

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In OCCA case No. F-2005-110, Marvin Royston White appealed his conviction for three counts of first degree manslaughter due to driving under the influence. In an unpublished decision, the court decided to reverse his convictions and remand the case for a new trial. One judge dissented. Marvin Royston White was found guilty by a jury for causing the deaths of three people while driving after consuming alcohol. The jury set him to serve twenty years for each count, making a total of sixty years in prison. White argued that he did not intentionally drink alcohol that day because he took cold medicine which he didn't know contained alcohol. White claimed that his attorney did not help him properly at trial by not asserting certain defenses, including involuntary intoxication. He mentioned that his attorney didn’t ask for a jury instruction on this defense, simply arguing that he was not guilty due to sleep apnea causing him to fall asleep while driving. The court considered whether the trial court should have instructed the jury on involuntary intoxication since White's defense was that he unknowingly consumed alcohol. The court felt this was important as it could have changed the jury's decision if they understood that his intoxication was not voluntary. Since the lower court did not give that instruction, the OCCA found it to be a major mistake that could have impacted the verdict significantly. Therefore, they decided to reverse White's conviction and ordered a new trial to give him a fair chance to present his defense properly. The dissenting judge believed that the evidence did not support the need for that jury instruction on involuntary intoxication, arguing that White was responsible for his actions and knowingly drove under the influence. Ultimately, White’s appeal was granted, allowing him a chance for a new trial to properly address his defense.

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