Sufficient Evidence

F-2021-123

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In OCCA case No. F-2021-123, Airick William Fuller appealed his conviction for kidnapping and first-degree robbery. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Fuller was found guilty by a jury in Custer County for two counts of kidnapping and one count of robbery, having prior felony convictions. The jury gave him sentences of ten years for each kidnapping count and thirty years for the robbery, all to be served concurrently, meaning he would serve them at the same time. Fuller argued that the evidence used in the trial was not enough to prove he committed first-degree robbery and that the trial court did not inform the jury about a lesser crime, second-degree robbery. The court carefully reviewed the entire case, including the evidence and arguments from both sides. Regarding the first argument, the court stated that there was enough evidence to show that Fuller threatened a victim, Jason White, with serious harm during the robbery. Even though White did not actually see a gun, the court noted that he had reason to fear for his safety because of what had happened earlier. The court concluded that the jury could justifiably find Fuller guilty based on this evidence. For the second argument, the court explained that since Fuller did not ask for the jury to consider the lesser charge of second-degree robbery, it was difficult for him to claim a mistake was made. The court found that no errors that would have changed the outcome of the trial were made. The court confirmed the original sentences but also instructed the District Court to make sure that the official record reflected that the sentences were to be served concurrently if that had not already been done. Overall, the court affirmed the conviction and rejected Fuller’s arguments.

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S-2020-79

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In OCCA case No. S-2020-79, Stricker appealed his conviction for First Degree Murder and Desecration of a Human Corpse. In an unpublished decision, the court decided to affirm the ruling of the District Court that dismissed the alternative charge of First Degree Felony Murder during the commission of a kidnapping. None dissented. On April 17, 2019, Stricker was charged with serious crimes including First Degree Murder in Kingfisher County. Later, he faced an amended charge stating he could be guilty of First Degree Premediated Murder or First Degree Felony Murder related to kidnapping. During a hearing, the judge decided to dismiss the kidnapping charge based on insufficient evidence, which led the State to appeal the decision. The State argued that the judge’s decision was incorrect because they believed there was enough evidence to show that a crime occurred and that Stricker was involved. They said that at a preliminary hearing, it's essential to prove that probably a crime was committed and that the person involved might have done it. The judge ruled that although Stricker was in a position to manage his victim, there wasn't enough proof to suggest he intended to kidnap her. The second argument from the State was about the timing of Stricker's motion to quash the charges. They claimed the judge should not have considered this motion because it was filed after he pleaded not guilty. However, the court found that the judge did have the authority to hear the motion, even though the prosecution thought otherwise. Ultimately, the court found no error in the District Court's decision to dismiss the charge of First Degree Felony Murder related to kidnapping and decided to uphold that dismissal.

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F-2018-1188

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In this case summary, Alfonzo Lamonse Vineyard was convicted of multiple charges in the District Court of Tulsa County, including Assault and Battery with a Deadly Weapon, First Degree Burglary, Possession of a Firearm After Former Conviction of a Felony, and several counts of Obstructing an Officer, among others. The jury found Vineyard guilty on all counts except one (Assault and Battery), and the court subsequently sentenced him to life imprisonment on the more serious counts, with concurrent and consecutive terms for other counts. Vineyard's appeal raised five main issues: 1. **Waiver of Right to Counsel**: The court found that Vineyard’s waiver of his right to counsel was voluntary, knowing, and intelligent. He was adequately informed of the risks associated with self-representation. 2. **Right to Confrontation**: Vineyard argued that his right to confront witnesses was violated when the court allowed the reading of the victim's preliminary hearing testimony, as she did not appear at trial. The court found that the state had made sufficient efforts to locate the victim and that her unavailability was justified, thus upholding the admission of her prior testimony. 3. **Sufficiency of Evidence**: Vineyard contended that the evidence was insufficient to support his conviction for Assault and Battery with a Deadly Weapon. The court determined that the evidence was sufficient for a rational trier of fact to find him guilty beyond a reasonable doubt. 4. **Lesser Included Offense Instruction**: Vineyard argued that the trial court erred by failing to instruct the jury on the lesser offense of Pointing a Firearm. While the court acknowledged that the lack of instruction was error, it did not affect the trial's outcome, and therefore did not warrant reversal. 5. **Cumulative Error**: Lastly, Vineyard claimed that the cumulative effect of errors warranted a new trial. The court found no individual errors that affected the trial's fairness, thus rejecting this claim. Ultimately, the Oklahoma Court of Criminal Appeals affirmed the district court's judgment and sentence, concluding that none of the raised issues warranted relief. The decision highlighted the adherence to established legal standards regarding self-representation, confrontation rights, evidentiary sufficiency, jury instructions, and cumulative error analysis. [Download the full opinion here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1188_1734784723.pdf).

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RE-2018-1217

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **DEXTER JEROME BIGLOW,** Appellant, **V.** **THE STATE OF OKLAHOMA,** Appellee. **Case No. RE-2018-1217** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA DEC 19 2019** **JOHN D. HADDEN CLERK** **SUMMARY OPINION** KUEHN, VICE-PRESIDING JUDGE: Appellant Dexter Jerome Biglow appeals from the revocation of his suspended sentences in Oklahoma County District Court Case No. CF-2017-3262. On February 14, 2018, Appellant entered negotiated guilty pleas to Aggravated Attempting to Elude and Possession of a Controlled Dangerous Substance (marijuana). He was sentenced to five years of imprisonment on the eluding count and to one year of incarceration on the drug charge, to be served concurrently, with both sentences suspended. On November 6, 2018, the State filed an application to revoke the suspended sentences, alleging that Appellant had committed the new crimes of domestic abuse by strangulation and domestic abuse resulting in great bodily injury. A hearing on the application to revoke was held on November 27, 2018, before the Honorable Ray C. Elliott, District Judge, who granted the State's application and revoked Appellant's suspended sentences in full. On appeal, Appellant contends that the State failed to present sufficient evidence to prove the allegations contained in the application to revoke. We respectfully disagree. **ANALYSIS** At a revocation hearing, the focus is whether the terms of the suspension order have been violated, with the standard of proof being a preponderance of the evidence. The trial court's decision should not be overturned unless there is a clear abuse of discretion. In this case, both Officers Taylor and Mueggenborg testified at the hearing, having individually interviewed the alleged victim of the domestic abuse. The judge found their testimony had substantial guarantees of trustworthiness, which allowed the court to consider the victim's out-of-court statements. Notably, while the testimony was contradictory, the court did not abuse its discretion by finding the State adequately proved its case for revocation. The credibility of witnesses is a matter for the trial court, which may choose to believe or disbelieve any witness. **DECISION** The order of the District Court of Oklahoma County revoking Appellant's suspended judgments and sentences in Case No. CF-2017-3262 is therefore 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. **APPEARANCES:** Thomas P. Hurley - Assistant Public Defender Marva A. Banks - Assistant Public Defender Danielle Connolly - Assistant District Attorney Mike Hunter - Oklahoma Attorney General Tessa L. Henry - Assistant Attorney General **OPINION BY:** KUEHN, V.P.J.: LEVIS, P.J.: CONCUR LUMPKIN, J.: CONCUR HUDSON, J.: CONCUR ROWLAND, J.: CONCUR

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F-2018-929

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**Court of Criminal Appeals of Oklahoma** **Case:** Andrew Joseph Revilla v. The State of Oklahoma **Citation:** 2019 OK CR 30 **Date Filed:** December 19, 2019 **Docket Number:** F-2018-929 **Summary Opinion** **Judges:** Kuehn, Vice Presiding Judge; Lewis, P.J.; Lumpkin, J.; Hudson, J.; Rowland, J. --- **Overview:** Andrew Joseph Revilla was convicted in Jackson County District Court on two counts of Lewd Molestation of a Minor and one count of Forcible Sodomy, receiving concurrent twenty-year sentences. He raised five propositions of error in his appeal, which the Court addressed. --- ### Propositions of Error **Proposition I - Ineffective Assistance of Counsel:** Revilla claimed ineffective assistance because his counsel failed to file a motion to quash based on insufficient evidence presented at the preliminary hearing. The Court found that the evidentiary standards at a preliminary hearing do not require strict adherence to corroboration rules and that the victim's testimony, along with corroborative evidence, was sufficient for bindover. As such, the claim did not support a finding of ineffective assistance. **Proposition II - Improper Evidence of Other Crimes:** Revilla contended that evidence of his drug use and criminal behavior introduced during cross-examination of character witnesses was prejudicial. The Court noted that this evidence was permissible to challenge the credibility of witnesses. Additionally, defense counsel did not object to this line of questioning, which limited grounds for relief. **Proposition III - Omitting Jury Instruction:** Revilla argued that the trial court improperly omitted an explanation regarding how jurors should treat prior inconsistent statements by the victim. The Court acknowledged the omission but concluded the error did not affect the trial’s outcome since the victim's preliminary statements were not exculpatory. **Proposition IV - Prosecutorial Misconduct:** Revilla alleged various instances of prosecutorial misconduct. The Court found that most complaints lacked timely objections and did not undermine the fairness of the trial. **Proposition V - Cumulative Error:** Revilla asserted that even if individual errors were not significant, their cumulative effect denied him a fair trial. The Court found no cumulative impact from the identified issues. --- ### Decision The Court affirmed the judgment and sentence of the District Court of Jackson County. Revilla's claims of error were denied, and his conviction was upheld. **Mandate ordered upon filing of this decision.** **For Appellant:** Kenny Goza **For Appellee:** Mike Hunter, Attorney General **Judges' Concurrence:** Lewis, Lumpkin, Hudson, Rowland all concurred with the opinion. [**Click Here to Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-929_1734877175.pdf)

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F-2018-481

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In OCCA case No. F-2018-481, Derrick Lamont Garrett appealed his conviction for kidnapping and burglary in the first degree. In an unpublished decision, the court decided to affirm Garrett's conviction. One judge dissented. Garrett was tried and found guilty by a jury for kidnapping and burglary. He was sentenced to twenty years in prison for each count, with the sentences running one after the other. Garrett's appeal raised several points of error regarding his trial, such as claims that there wasn't enough evidence to support his convictions, that some evidence was wrongly excluded, and concerns about the jury selection process. The court looked carefully at the arguments and decided that the trial was fair, and the evidence was sufficient to support the jury’s guilty verdicts. They noted that Garrett had requested specific jury instructions that he later challenged, which the court found was not a valid complaint. They also stated that the eyewitness testimony was handled correctly and that the exclusion of some evidence didn’t violate Garrett's rights. Regarding the jury selection, the court stated that Garrett did not prove any discrimination occurred in the way jurors were chosen. Since they found no significant errors in the trial, they affirmed the conviction, meaning Garrett must continue to serve his sentences.

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F-2018-562

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **AARON THOMAS BROCK,** Appellant, v. **THE STATE OF OKLAHOMA,** Appellee. **Case No. F-2018-562** **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** Aaron Thomas Brock was convicted by jury of robbery with a dangerous weapon and conspiracy to commit a felony in Oklahoma County District Court, receiving a total sentence of thirty-five years imprisonment. He appeals with two propositions of error. **Proposition One: IAD Violation** Brock argues his rights under the Interstate Agreement on Detainers (IAD) were violated when the State did not bring him to trial within the mandated 180 days. The trial court ruled that no proper detainer was lodged against him as required by Article III of the IAD. Brock contends that a documentation was sent to the appropriate authorities, triggering the IAD timeline. The trial court determined that there was no evidence of a proper detainer because the Oklahoma County District Attorney's office and the Court Clerk's office had no record of receiving documentation from Brock. Notably, the trial court found a facsimile from the Sheriff's office did not constitute a proper detainer as defined by case law (Fex v. Michigan). The Court agreed with the trial court's findings, ruling that Brock failed to provide sufficient documentation and credible evidence to support his claims. **Proposition Two: Insufficient Evidence** In his second proposition, Brock asserts that the evidence was insufficient to uphold the conviction for robbery with a dangerous weapon. The standard for reviewing evidence requires this Court to determine if, viewing the evidence favorably to the prosecution, a rational jury could find guilt beyond a reasonable doubt. The facts presented included testimony that a knife was brandished toward a victim and that money was taken by a co-defendant and given to Brock. The Court found that this evidence met the elements for robbery with a dangerous weapon, reinforcing that the presence of fear in the victim suffices for conviction. **Decision** Both propositions of error raised by Brock are denied. The judgment and sentence are AFFIRMED. A mandate will issue upon filing this decision. **Appeal from the District Court of Oklahoma County** The Honorable Timothy R. Henderson, District Judge **Attorneys for Appellant**: Nick Southerland, Andrea Digilio Miller, Micah Sielert **Attorneys for Appellee**: Kelly Collins, Mike Hunter, Lori McConnell, Jennifer B. Miller **OPINION BY:** LEWIS, P.J. **CONCURRING:** KUEHN, V.P.J.; LUMPKIN, J.; HUDSON, J.; ROWLAND, J. [**Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-562_1735316443.pdf)

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F-2018-1160

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**IN THE COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **RASHAUN HAASTROP,** **Appellant,** **vs.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. F-2018-1160** **FILED DEC - 5 2019** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** *KUEHN, VICE PRESIDING JUDGE:* Appellant, Rashaun Haastrop, was charged in Oklahoma County District Court, Case No. CF-2018-55, with First Degree Burglary, After Conviction of Two Felonies. He was convicted of the lesser related offense of Attempted First Degree Burglary, After Conviction of Two Felonies. On November 13, 2018, the Honorable Ray C. Elliott, District Judge, sentenced him to twenty years imprisonment in accordance with the jury's recommendation. This appeal followed. Appellant raises one proposition of error in support of his appeal: **PROPOSITION:** The State introduced insufficient evidence to prove that Mr. Haastrop had prior convictions out of Illinois and therefore his sentence must be modified. After thorough consideration of this proposition, the briefs of the parties, and the record on appeal, we affirm. Appellant's sole complaint on appeal is that the State failed to sufficiently prove that he was the person named in two Illinois documents reflecting felony convictions for Rashaun Haastrup, or that those convictions were valid and final, i.e., that the defendant in those proceedings had the assistance of counsel and that the convictions had not been appealed. The two latter challenges were not raised below, so we review them only for plain error, as established in *Mathis v. State*, 2012 OK CR 1, ¶ 30, 271 P.3d 67, 78. Plain errors are those errors which are obvious in the record and affect the substantial rights of the defendant; that is, the error affects the outcome of the proceeding, as seen in *Daniels v. State*, 2016 OK CR 2, ¶ 3, 369 P.3d 381, 383. The State offered two certified documents reflecting convictions in Illinois for a Rashaun Haastrup. The chronological entries on these documents show that in each case, (1) Mr. Haastrup was represented by counsel, (2) his rights to appeal were explained to him, but (3) no appeals were taken. The documents were generated several years after the convictions were entered, and neither reveal any activity after formal sentencing. See *Bickerstaff v. State*, 1983 OK CR 116, ¶ 8, 669 P.2d 778, 780. On this record, the trial court's conclusion that the convictions were valid and final was not plainly erroneous. As for whether Appellant (Rashaun Haastrop) and the person named in the documents (Rashaun Haastrup) are the same person, the jury received testimony from a police officer who interviewed Appellant after his arrest. The officer testified that Appellant admitted serving time in Illinois for two different crimes, specifically a drug offense and a theft offense; the State's documents reflected convictions for a drug crime and a theft crime. With identifying information provided by Appellant, the officer retrieved the Illinois documents. Given the unusualness of both names, their similarity, and Appellant's own admissions, a rational juror could conclude beyond a reasonable doubt that the convictions were, in fact, Appellant's, as established by *Jackson v. Virginia*, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979) and *Garcia v. State*, 1987 OK CR 49, ¶ 30, 734 P.2d 820, 825. As there is no error, his sole proposition is denied. **DECISION** The Judgment and Sentence of the District Court of Oklahoma County 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 OKLAHOMA COUNTY** **THE HONORABLE RAY C. ELLIOTT, DISTRICT JUDGE** **ATTORNEYS AT TRIAL** **BENJAMIN MUNDA** **ANDREA DIGILIO MILLER** **BONNIE BLUMERT** **ASST. PUBLIC DEFENDER** **OKLAHOMA COUNTY** **320 ROBERT S. KERR AVE.** **SUITE 611** **OKLAHOMA CITY, OK 73101** **COUNSEL FOR DEFENDANT** **ATTORNEYS ON APPEAL** **DANIEL GRIDLEY** **MIKE HUNTER** **DANIEL POND** **ATTORNEY GENERAL OF OKLA.** **ASST. DISTRICT ATTORNEYS** **TESSA L. HENRY** **ASST. ATTORNEY GENERAL** **320 ROBERT S. KERR AVENUE** **SUITE 505** **OKLAHOMA CITY, OK 73102** **COUNSEL FOR THE STATE** **OPINION BY KUEHN, V.P.J.** **LEWIS, P.J.: CONCUR** **LUMPKIN, J.: CONCUR** **HUDSON, J.: CONCUR** **ROWLAND, J.: CONCUR** [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1160_1734786705.pdf)

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F-2018-760

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**Court of Criminal Appeals of the State of Oklahoma** **Case Summary: Monte Dean Perry v. The State of Oklahoma** **Case No.: F-2018-760** **Judgment Date: December 5, 2019** **Overview:** Monte Dean Perry was convicted by a jury on charges of assault and battery with a deadly weapon and endeavoring to perform an act of violence. The court sentenced him to 30 years for the first count and 5 years for the second, with both sentences to run concurrently. **Legal Issue:** Perry appealed the conviction, claiming that the evidence was insufficient to prove he assaulted the victim with a knife, arguing that the prosecution did not meet the burden of proof beyond a reasonable doubt. **Court's Review Standard:** The appellate court evaluated the evidence under the standard that favors the prosecution, determining if any rational trier of fact could find the essential elements of the crime proven beyond a reasonable doubt, as per *Spuehler v. State*. **Decision:** The court upheld the jury's conviction, finding that the evidence was indeed sufficient to support the verdict. Perry's proposition of error was denied, and the judgment and sentence were affirmed. **Additional Notes:** - Perry must serve 85% of his sentence for Count 1 before being eligible for parole consideration. - The opinion was delivered by Presiding Judge Lewis, with concurrence from Judges Kuehn, Lumpkin, Hudson, and Rowland. For full text or additional details, refer to the official opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-760_1735216916.pdf).

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F-2018-994

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **KATESHA CHRISTINE CHILDERS,** **Appellant,** **v.** **THE STATE OF OKLAHOMA,** **Appellee.** **Case No. F-2018-994** **Filed: November 21, 2019** **SUMMARY OPINION** **JOHN D. HADDEN, JUDGE:** Appellant Katesha Christine Childers appeals her Judgment and Sentence from the District Court of Tulsa County, Case No. CF-2017-3783, for First Degree Murder (Count 1) and Unlawful Possession of a Firearm by a Convicted Felon (Count 2). The Honorable Kelly Greenough presided at her jury trial and sentenced her to life imprisonment on Count 1 and one year on Count 2, to run concurrently with credit for time served. Childers raises several issues including: 1. Sufficiency of evidence for her first-degree murder conviction. 2. The trial court's failure to instruct on first degree heat-of-passion manslaughter. 3. Ineffective assistance of counsel for not requesting the above instruction. 4. Admission of lay witness testimony regarding her confession. 5. Admission of hearsay evidence violating her right to a fair trial. 6. Prosecutorial misconduct affecting her trial. 7. Cumulative error necessitating relief. **1. Sufficiency of Evidence for Conviction:** Childers argues insufficient evidence of malice aforethought. The court reviews evidence in the light most favorable to the state, concluding that a rational jury could find her guilt beyond a reasonable doubt. Evidence of a verbal altercation, her pursuit of the victim, and her admissions of guilt supported the jury's decision. Thus, this claim is denied. **2. Failure to Instruct on Heat-of-Passion Manslaughter:** Childers contends that the trial court erred by not issuing a heat-of-passion manslaughter instruction. Since no objection was raised at trial, review is for plain error. The court finds no evidence supporting such an instruction as Childers was the pursuer in the confrontation. Therefore, this claim is also denied. **3. Ineffective Assistance of Counsel:** Childers claims ineffective assistance because her counsel did not request the heat-of-passion manslaughter instruction. However, as she was not entitled to the instruction based on evidence, this claim fails. **4. Admission of Confession Testimony:** Childers asserts that her statements to lay witnesses were inadmissible due to lack of corroboration. The court adjudicates that there was substantial independent evidence corroborating her statements, thus denying this claim. **5. Admission of Hearsay Evidence:** Childers challenges various hearsay testimonies. Some were admitted without objection, so they are reviewed for plain error. The court finds that the admittance of testimony regarding the victim's fear of Childers is permissible under state-of-mind exceptions to hearsay. Consequently, this claim is denied. **6. Prosecutorial Misconduct:** Childers argues several instances of prosecutorial misconduct, including mention of her status as a convicted felon. Objections were made, and the trial court acted appropriately to mitigate potential prejudice against her. Based on the totality of circumstances, relief is not warranted, leading to a denial of this claim. **7. Cumulative Error:** Finally, Childers contends cumulative errors merit relief. As no individual errors warrant relief, this claim is denied. **CONCLUSION:** The Judgment and Sentence of the district court is AFFIRMED. **OPINION BY: ROWLAND, J.** **LEWIS, P.J.:** Concur **KUEHN, V.P.J.:** Concur **LUMPKIN, J.:** Concur **HUDSON, J.:** Concur **Download PDF:** [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-994_1734870881.pdf)

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F-2018-269

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In OCCA case No. F-2018-269, David Anthony Tofflemire appealed his conviction for Possession of Child Pornography. In an unpublished decision, the court decided to affirm his conviction. One member of the court dissented. Tofflemire was found guilty at a trial without a jury and received a sentence of sixteen years in prison, with eight of those years suspended. He argued that there was not enough evidence against him, that he did not understand his waiver of the jury trial, and that there was an error in taxing him with an attorney fee even though he had his own lawyer. The court reviewed the case carefully and found that the evidence presented was sufficient for a reasonable person to conclude that Tofflemire knowingly possessed child pornography on his cell phone. They stated that the prosecution provided enough proof to support the conviction. Regarding the waiver of his jury trial, Tofflemire claimed he did not fully understand what he was doing. However, the court noted that he had signed a form waiving his right to a jury trial and that his lawyer acknowledged this waiver on the record. Since there was no evidence of coercion or misunderstanding, the court decided Tofflemire's waiver was valid. Finally, concerning the attorney fee, the court recognized that Tofflemire had hired his own lawyer but also that a fee for a court-appointed lawyer was mentioned in the court documents by mistake. Therefore, the court decided to remand the case back to the district court to correct this clerical error. In conclusion, Tofflemire's conviction was upheld, but the court took action to ensure the records reflected the correct information concerning the attorney fee.

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F-2018-629

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**IN THE COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **BRIAN KEITH FULLERTON,** Appellant, vs. **THE STATE OF OKLAHOMA,** Appellee. **No. F-2018-629** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA SEP 26 2019** **SUMMARY OPINION** **JOHN D. HADDEN, CLERK** **KUEHN, VICE PRESIDING JUDGE:** Appellant, Brian Keith Fullerton, was convicted by a jury in Oklahoma County District Court, Case No. CF-2016-4430, of four counts of Lewd Acts with a Child Under Sixteen. The Honorable Bill Graves, District Judge, sentenced him in accordance with the jury's recommendation to life imprisonment on each count, with the sentences to be served as follows: two pairs of life terms to run concurrently, with one pair served consecutively to the other. Appellant must serve 85% of each sentence before being considered for parole. Appellant raises four propositions of error in support of his appeal: **PROPOSITION I:** The evidence is insufficient to sustain a conviction for both Count 1 and Count 2 Lewd Acts with a Child Under the Age of Sixteen because the State failed to prove Mr. Fullerton touched L.D. on the vagina more than once. **PROPOSITION II:** The information filed in this case was insufficient as it failed to apprize Mr. Fullerton of what he was charged with and was not specific enough to allow him to plead former jeopardy should the State seek to file other charges, in violation of the due process clauses of the Federal and State Constitutions. **PROPOSITION III:** The prosecutors invoked improper sympathy toward the victim, L.D., and appealed to the jury's emotions, violating Mr. Fullerton's right to a fair trial. **PROPOSITION IV:** Trial errors, when considered in an accumulative fashion, warrant a new trial. After thorough consideration of these propositions, the briefs of the parties, and the record on appeal, we affirm. **Analysis of Propositions:** 1. **Proposition I:** Appellant claims the victim's statements were too vague for the jury to reasonably find he committed the acts described in Counts 1 and 2 more than once. However, the Court found the victim's consistent statements to family, the forensic interviewer, and her anatomical drawing support the conviction on both counts. The evidence was deemed sufficient as per precedent. 2. **Proposition II:** The Court noted that since Appellant did not challenge the specificity of the Information at trial, this complaint was waived except for plain error. The factual allegations of the Information were sufficient for Appellant to prepare a defense and to advance a plea of former jeopardy for similar subsequent charges. No error was found. 3. **Proposition III:** Appellant argued that the prosecutor's closing remarks improperly invoked sympathy for the victim. With no objection raised at the time of the closing argument, the Court reviewed for plain error and found no basis for relief, as the comments were grounded in the evidence presented at trial. 4. **Proposition IV:** The Court determined that since no errors were identified in the prior propositions, there could not be cumulative error. **DECISION:** The Judgment and Sentence of the District Court of Oklahoma County 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. --- **APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY** **THE HONORABLE BILL GRAVES, DISTRICT JUDGE** **ATTORNEYS AT TRIAL** KENDA MCINTOSH MELTEM KARLA TANKUT ASST. PUBLIC DEFENDER OKLAHOMA COUNTY **ATTORNEYS ON APPEAL** HALLIE ELIZABETH BOVOS ASST. PUBLIC DEFENDER OKLAHOMA COUNTY **COUNSEL FOR DEFENDANT** **COUNSEL FOR APPELLEE** MEREDITH EASTER MIKE HUNTER MCKENZIE MCMAHAN ASST. DISTRICT ATTORNEYS OKLAHOMA COUNTY --- **OPINION BY KUEHN, V.P.J.** **LEWIS, P.J.: CONCUR** **LUMPKIN, J.: CONCUR IN RESULTS** **HUDSON, J.: CONCUR** **ROWLAND, J.: CONCUR**

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F-2018-664

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **KEYUNA CRYSTAL MOSLEY,** Appellant, vs. **THE STATE OF OKLAHOMA,** Appellee. **No. F-2018-664** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA SEP 19 2019** **SUMMARY OPINION** JOHN D. HADDEN CLERK **KUEHN, VICE PRESIDING JUDGE:** Keyuna Crystal Mosley was tried by jury and convicted of Robbery with a Dangerous Weapon in violation of 21 O.S.2011, § 801, after being previously convicted of two or more felonies, in the District Court of Oklahoma County, Case No. CF-2017-1853. Following the jury's recommendation, the Honorable Ray C. Elliott sentenced Appellant to twenty (20) years imprisonment, requiring her to serve 85% of her sentence before becoming eligible for parole consideration per 21 O.S.Supp.2015, § 13.1. Appellant appeals this conviction and sentence. **Proposition of Error:** Appellant raises one proposition of error: that the State’s evidence was insufficient to prove her guilt of conjointly committing robbery with a dangerous weapon beyond a reasonable doubt, and thus due process mandates her case be reversed and remanded with instructions to dismiss. **Decision:** After thorough consideration of the complete record, including original records, transcripts, exhibits, and briefs, we find the law and evidence do not necessitate relief. Viewing the evidence in the light most favorable to the State, any rational trier of fact could reasonably conclude beyond a reasonable doubt that Appellant committed robbery with a dangerous weapon (Easlick v. State, 2004 OK CR 21, ¶ 15, 90 P.3d 556, 559). To establish robbery with a dangerous weapon, the State must demonstrate that the wrongful taking and carrying away of personal property from another's person or immediate presence occurred by force or fear, specifically involving a knife (21 O.S.2011, § 801; OUJI-CR 2d 4-144). The term “principal” in a crime includes anyone who either directly and actively commits the acts constituting the offense or knowingly and with intent aids and abets in its commission (Hackney v. State, 1994 OK CR 29, ¶ 9, 874 P.2d 810, 814; OUJI-CR 2d 2-5, 2-6). Appellant contends the State failed to prove that she acted conjointly with her boyfriend in committing the robbery. She argues that the victim Seale's testimony was incredible and contradicted by her own statement, and that the State should have corroborated Seale's testimony with additional evidence such as forensic evidence, text records, or records of their online communications. This assertion is incorrect. While the State could have provided such corroborative evidence, it was not required to do so. Seale was both an eyewitness and the victim, and the jury determines the credibility of witnesses and the weight of their testimony (Mason v. State, 2018 OK CR 37, ¶ 13, 433 P.3d 1264, 1269). The jury is entitled to make reasonable inferences supporting their verdict. Even in cases of sharply conflicting evidence, we will not disturb a properly supported verdict (Robinson v. State, 2011 OK CR 15, ¶ 17, 255 P.3d 425, 432). The evidence established that Appellant lured victim Seale to the crime scene, called her accomplice, and directly took and carried away Seale’s property while her accomplice threatened the victim with a knife. We will not reweigh the evidence or substitute our judgment for that of the jury (White v. State, 2019 OK CR 2, ¶ 9, 437 P.3d 1061, 1065). Thus, this proposition is denied. **Conclusion:** The Judgment and Sentence of the District Court of Oklahoma County 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 OKLAHOMA COUNTY** THE HONORABLE RAY C. ELLIOTT, DISTRICT JUDGE **ATTORNEYS AT TRIAL** TIMOTHY M. WILSON ASST. DISTRICT ATTORNEY 320 ROBERT S. KERR, STE. 611 OKLAHOMA CITY, OK 73102 **ATTORNEYS ON APPEAL** ANDREA DIGILIO MILLER PUBLIC DEFENDER’S OFFICE 611 COUNTY OFFICE BLDG. 320 ROBERT S. KERR AVE. OKLAHOMA CITY, OK 73102 **COUNSEL FOR APPELLANT** DAN POND KATHERINE BRANDON ATTORNEY GENERAL OF OKLA. ASST. DISTRICT ATTORNEYS TESSA L. HENRY 320 ROBERT S. KERR, STE. 505 OKLAHOMA CITY, OK 73102 **COUNSEL FOR THE STATE** **OPINION BY KUEHN, V.P.J.** LEWIS, P.J.: CONCUR LUMPKIN, J.: CONCUR HUDSON, J.: CONCUR ROWLAND, J.: CONCUR **[Download PDF Version Here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-664_1735223763.pdf)**

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F-2018-892

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**Court of Criminal Appeals of Oklahoma** **Case Summary:** **Case Name:** David Andrew Sanders, Appellant, v. The State of Oklahoma, Appellee **Case Number:** F-2018-892 **Date Filed:** September 5, 2019 --- **Background:** David Andrew Sanders appeals the acceleration of his deferred sentencing resulting from finding evidence that he committed new offenses while on probation. On April 29, 2016, in **Case No. CF-2012-2326**, Appellant entered no contest pleas to Burglary in the First Degree and Pointing a Firearm at Another. In **Case No. CF-2016-1178**, he entered a guilty plea for Larceny of Merchandise from a Retailer. His sentencing was deferred for ten years (Burglary), five years (Firearm charge), and 30 days (Larceny). All sentences were to run concurrently. On November 28, 2017, the State filed an Application to Accelerate the Deferred Sentence, alleging new offenses. At a hearing on August 21, 2018, the court found sufficient evidence of new offenses: possession of a firearm while on probation, possession of a controlled dangerous substance, and possession of drug paraphernalia. **Facts of the Case:** On May 6, 2017, police found Sanders unconscious in an idling car with a handgun in his lap. During the arrest, officers discovered a glass pipe and methamphetamine in the car's console. Sanders argued that this evidence was the product of an unlawful search. **Legal Findings:** The district court ruled that the exclusionary rule did not apply to the acceleration proceeding, which is not akin to a full trial. The court found no evidence of egregious police misconduct. According to Oklahoma law (Richardson v. State), exclusion of evidence is only warranted in revocation hearings where there has been egregious misconduct. **Conclusion:** The Court of Criminal Appeals affirmed the district court's decision, finding no abuse of discretion. The discovery of the firearm, glass pipe, and methamphetamine did not violate Sanders' rights given the context of the proceedings. **Decision:** The order of the district court accelerating Sanders’ deferred judgment and sentencing is AFFIRMED. --- **Counsel on Appeal:** - For Appellant: Micah Sielert and Andrea Digilo Miller - For Appellee: Tiffany Noble, Mike Hunter, Tessa L. Henry **Opinion by:** Presiding Judge Lewis **Concurrences:** Vice Presiding Judge Kuehn, Judge Lumpkin, Judge Hudson, Judge Rowland --- For more details, you may [download the full PDF here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-892_1735120506.pdf).

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RE-2018-484

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**In the Court of Criminal Appeals of the State of Oklahoma** **Case No. RE-2018-484** **Summary Opinion** **Appellant:** Orville Tabe Keith, Jr. **Appellee:** The State of Oklahoma **Judge Hudson:** Orville Tabe Keith, Jr. appeals the revocation of his concurrent twelve-year suspended sentences following a revocation hearing where the State alleged that he violated probation by committing Manslaughter in the First Degree. **Background:** On March 5, 2009, Appellant pled guilty to two counts of Assault and Battery With a Dangerous Weapon. He was sentenced to twelve years on each count, with the sentences to run concurrently and suspended under specific probation conditions. The State filed a Motion to Revoke on March 23, 2017, based on allegations that Appellant committed Manslaughter in connection with the death of Brandon Martinez during an altercation on June 27, 2015. Evidence presented included DNA matching Appellant to items found at the crime scene and testimony from a neighbor, Donna Underwood, who claimed Appellant admitted to killing Martinez. **Revocation Hearing:** The revocation hearing took place on May 1, 2018. The court reviewed evidence including: - DNA analysis linking Appellant to the crime scene. - Testimony from Underwood about Appellant’s self-incriminating statements. Judge Fry found that Appellant violated his probation conditions, leading to a full revocation of his suspended sentences. **Appellant's Argument:** Keith appeals on the grounds that the evidence presented was insufficient to justify the revocation of his suspended sentences. He challenges the credibility of Underwood's testimony and suggests that another individual, Paul Anderson, may have committed the homicide. **Analysis:** Oklahoma law requires that alleged violations of probation conditions be proven by a preponderance of the evidence. The appeals court found that Underwood's testimony and the DNA evidence were adequate for a rational trier of fact to conclude that Appellant had violated the terms of his probation. **Decision:** The court affirmed the trial court's decision to revoke Appellant's concurrent twelve-year suspended sentences, concluding there was no abuse of discretion in Judge Fry's ruling. **Order:** The order of the District Court of LeFlore County is **AFFIRMED**. **Opinion by**: HUDSON, J. **Concurrences by**: LEWIS, P.J.; KUEHN, V.P.J.; LUMPKIN, J.; ROWLAND, J. --- For further details, you can [**download the PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-484_1734542820.pdf).

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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-2018-248

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In OCCA case No. F-2018-248, Mosi Abasi Dennis appealed his conviction for first degree murder and conspiracy to commit robbery with a dangerous weapon. In an unpublished decision, the court decided to affirm the verdict. One member dissented. Mosi Abasi Dennis was found guilty by a jury of first degree murder and conspiracy related to a robbery. The jury sentenced him to life in prison without the possibility of parole for the murder and ten years for conspiracy, with both sentences to be served one after the other. Dennis was involved in a plan to rob Antonio Walker. He and others went to Walker's house under the false pretense of purchasing drugs. When they arrived, Dennis refused to abandon the plan, even when it became clear that others were present in the house. Things escalated, and during the robbery attempt, Dennis shot Walker's father, Kenneth, who had entered the room to see what was happening. On appeal, Dennis raised several arguments. First, he claimed that there was unfair treatment in jury selection because a minority juror was removed while a white juror, who had similar issues, was allowed to stay. The court found no evidence of racial bias and held that the reasons given for removing the juror were fair. Second, Dennis argued that the prosecution made unfair comments during closing arguments, asking jurors to sympathize with a co-conspirator. The court ruled that this did not unfairly influence the jury as the statements were part of explaining the witness's behavior. Third, he contested the admission of graphic photographs of the victim, believing they were too prejudicial. The court decided that the images were relevant to the case and helped explain the events that unfolded during the crime. Dennis also claimed that the evidence presented was not enough to prove his guilt beyond a reasonable doubt. However, the court disagreed, stating that the evidence adequately demonstrated that Dennis shot the victim during the robbery. Furthermore, Dennis believed he should have been given instructions for a lesser offense of second-degree murder, but the court found that there was no solid evidence supporting such a charge. Finally, Dennis argued that the combination of errors during the trial warranted a reversal of the conviction. The court concluded there were no significant errors that would have affected the trial's outcome. The court ultimately upheld the conviction and sentencing, stating that there were no legal errors that warranted overturning the jury’s decision.

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RE-2018-536

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CHRISTIAN EMMANUEL REYES,** **Appellant,** **V.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-536** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA JUN 20 2019** **JOHN D. HADDEN - SUMMARY OPINION** **CLERK** **HUDSON, JUDGE:** Appellant Christian Emmanuel Reyes appeals from the revocation of his suspended sentences in Oklahoma County District Court Case Nos. CF-2013-6460 and CF-2017-3715 by Honorable Glenn Jones. **Background:** On November 13, 2013, Appellant pled guilty to Unauthorized Use of a Vehicle and Attempting to Elude a Police Officer in Case No. CF-2013-6460. The trial court sentenced him on July 30, 2014, to five years with all but two years suspended for Count 1, and one year for Count 3, to run concurrently. On July 6, 2017, Appellant pled guilty to Possession of a Controlled Dangerous Substance in the Presence of a Minor in Case No. CF-2017-3715, receiving a five-year sentence with all but 100 days suspended. The State agreed not to file for revocation on Case No. CF-2013-6460 as part of the plea deal. On April 6, 2018, the State filed a 1st Amended Application to Revoke, citing non-payment of fees and the commission of a new crime, Second Degree Burglary, in a separate case (CF-2017-6227). Following a revocation hearing, the trial court fully revoked Appellant’s suspended sentences. **Propositions of Error:** 1. **Improper Introduction of Evidence:** Appellant argues the State’s introduction of testimony regarding his behavior violated 12 O.S.2011, § 2404(B) and the standards set forth in *Burks v. State*. He claims he did not receive proper notice and therefore is entitled to relief. He made no objection during the hearing, waiving this issue except for plain error review. Appellant's argument fails, as he did not demonstrate that any error occurred. 2. **Insufficient Evidence of Burglary:** Appellant contends the State failed to prove he entered the victim’s home intending to steal. However, sufficient evidence supported that he intended to steal, meeting the *preponderance of the evidence* standard required in revocation hearings. **Conclusion:** The revocation of Appellant's suspended sentences is affirmed, as the court found competent evidence to justify the revocation and there was no abuse of discretion. **MANDATE** is ORDERED issued upon the filing of this decision. **APPEARANCES:** Micah Sielert and Hallie Bovos for Appellant; Tiffany Noble and Mike Hunter for the State; Tessa Henry for Appellee. **OPINION BY:** HUDSON, J. **LEWIS, P.J.:** CONCUR IN RESULTS **KUEHN, V.P.J.:** CONCUR **LUMPKIN, J.:** CONCUR **ROWLAND, J.:** CONCUR [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-536_1734522451.pdf)

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F-2017-1031

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In OCCA case No. F-2017-1031, a person appealed his conviction for first-degree murder. In an unpublished decision, the court decided to affirm the conviction. One member of the court dissented. Dakota Joe Spainhower was found guilty of first-degree murder for killing his friend, who was a juvenile. The incident occurred after their shift at a local restaurant in July 2016. After receiving a ride home from the victim, Spainhower's mother noticed something strange outside and found a body next to a car, which belonged to the victim. Initially, Spainhower told his mother that the victim had tried to rob him and stabbed him first, prompting him to fight back and stab the victim multiple times. Evidence showed that Spainhower had blood on him and took the victim's keys after the incident. Spainhower's confession to the police was a crucial part of the trial. The court had to determine if this confession was made voluntarily and if he understood his rights when he waived them. There were questions regarding his mental health, education level, and the long duration of his questioning by police, all of which were argued to undermine the validity of his confession. However, the court found sufficient evidence that his confession was voluntary. The court also evaluated whether the evidence presented during the trial was enough to support the murder conviction. They determined that the evidence, including the victim's numerous injuries, was compelling enough for a rational jury to conclude beyond a reasonable doubt that Spainhower was guilty of intent to kill. Spainhower raised concerns about prosecutorial misconduct, claiming that the prosecutor made improper statements during closing arguments. The court assessed these claims and found that any mistakes did not significantly affect the outcome of the trial. Additionally, Spainhower argued that he received ineffective assistance from his counsel. However, the court determined that his counsel acted adequately throughout the trial. Finally, Spainhower claimed that the combination of all the errors he identified deprived him of a fair trial. The court concluded that since no individual errors were found that warranted relief, the cumulative effect of claims also did not provide grounds for a new trial. Thus, the court affirmed the judgment and sentence against Spainhower, maintaining his conviction for first-degree murder with no opportunity for parole.

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F-2018-272

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In OCCA case No. F-2018-272, Lavonte Antonio Johnson appealed his conviction for using a vehicle to facilitate the intentional discharge of a firearm. In an unpublished decision, the court decided to affirm the acceleration of his deferred sentence to 27 years in prison. One judge dissented. Lavonte Johnson entered a guilty plea in 2014, which was followed by a five-year deferred sentence. However, in 2018, the state sought to accelerate this sentence, claiming Johnson had violated probation by possessing a firearm and committing bail jumping. During a traffic stop, police found Johnson could not provide a driver's license and that he had a gun with him. Johnson argued that the police had to give him a Miranda warning before asking about the gun, as he believed it was a custodial interrogation. The court found that because this was a routine traffic stop, the police were not required to issue a Miranda warning. Johnson's statements about the gun were deemed admissible. The court reviewed the decision to accelerate Johnson's sentence and found no abuse of discretion. Therefore, Johnson’s appeal was denied, and the original sentence was upheld.

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F-2016-902

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The Court of Criminal Appeals of the State of Oklahoma reviewed the case of K.G.O., charged as an adult with Murder in the First Degree, who sought to be certified as a Youthful Offender. The trial court granted this certification, which the State appealed, arguing that the decision was erroneous due to insufficient evidence supporting K.G.O.'s claim for Youthful Offender status. The appeal highlighted that, at the time of the alleged offense, K.G.O. was presumed to be an adult based on Oklahoma law, which allows for certification as a Youthful Offender but places the burden of proof on the accused to overcome this presumption. The court evaluated several guidelines specified in Oklahoma statute regarding certification, giving the most weight to the first three, which focus on the nature of the offense and the offender's history. After a thorough review, the appellate court concluded that the trial judge had abused her discretion by not adhering appropriately to these guidelines. They found a lack of evidence suggesting that K.G.O. met the necessary criteria to warrant status as a Youthful Offender and that the judge's decision did not support the conclusion reached. Therefore, the appellate court reversed the trial court's order and directed that the case proceed with K.G.O. being treated as an adult. A dissenting opinion from Judge Lewis expressed a belief that the trial court's certification should be upheld, indicating a difference in interpretation of the evidence and the application of the guidelines. Overall, the decision illustrates the court's stringent standards for certifying youthful offenders, emphasizing the necessity of a robust evidentiary basis to override the presumption of adult status in serious criminal cases.

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F-2015-933

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In OCCA case No. F-2015-933, Thompson appealed his conviction for Unauthorized Use of a Motor Vehicle and Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to affirm the judgment on Counts 1 and 2 but reversed the judgment on Count 3 with instructions to dismiss. One judge dissented. Thompson was found guilty of three crimes related to stolen property after a jury trial. He was sentenced to six years in prison for unauthorized use of a vehicle and eight years for each count of concealing stolen property. The sentences were arranged so that the two eight-year sentences would run together, while the six-year sentence would be added afterward. He was also fined $100 for each offense. Thompson raised several issues in his appeal. First, he argued that he should not have been convicted twice for concealing stolen property. He believed that since he acted only once when hiding the stolen items, charging him with two counts was unfair. The court agreed with him on this point and found that it was a mistake to have separate charges for items taken from different people. Next, Thompson questioned whether there was enough proof to find him guilty of unauthorized vehicle use and concealing stolen property. The court looked at all the evidence and decided there was enough to support his guilty verdict for unauthorized use of a vehicle, so that part of his conviction was upheld. Thompson also claimed that the prosecution made mistakes during the trial that harmed his chance for a fair judgment. However, the court did not find these errors serious enough to change the outcome of the trial. On the fines imposed by the trial court, Thompson argued that judges can't add fines unless the jury decides to. The court determined that the fines were allowed since the law permitted judges to impose them, even if the jury did not. Thompson felt that the judge shouldn't have made him serve the sentences for Counts 2 and 3 back-to-back after the first sentence. However, the court found that the judge's decision was within his rights and not an abuse of discretion. Overall, the court decided that none of the claimed errors were significant enough to change Thompson’s convictions except for the second count of concealing stolen property, which was dismissed. They confirmed that the remaining counts were properly upheld, leading to affirmation of most of Thompson's convictions.

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F-2014-1078

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In OCCA case No. F-2014-1078, Robert Bradley Champlain appealed his conviction for three counts of Lewd Molestation. In an unpublished decision, the court decided to affirm his judgment and sentence but vacated the imposition of post-imprisonment supervision. One judge dissented. The case involved allegations against Champlain for inappropriate conduct with a minor, and a jury found him guilty. Each count resulted in a recommendation for life imprisonment, to be served consecutively. Champlain raised several arguments on appeal, claiming errors in the trial process, including the imposition of consecutive sentences as a punishment for opting for a jury trial and issues regarding evidence of his past convictions. The court did not find merit in these claims. It clarified that the determination of consecutive versus concurrent sentences is within the trial court's discretion. The court also concluded that prior felony convictions had been proven properly, with no significant errors affecting Champlain's rights during the trial. They explained that the State's evidence was sufficient for the jury to uphold the conviction. Champlain also argued that the conduct of the prosecution and the trial court's instructions were unfair. However, the court stated that the issues raised did not prove any misconduct that made the trial fundamentally unfair. His claims regarding ineffective assistance from his counsel were also dismissed, as the court did not see a failure that affected the outcome of the trial. While Champlain did receive life sentences, the court vacated the post-imprisonment supervision, stating it was not applicable in cases of life sentences. In conclusion, the court affirmed the conviction and sentence while correcting certain references related to the timing of the offenses.

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S-2014-759

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In OCCA case No. S-2014-759, #x appealed his conviction for #y. In an unpublished decision, the court decided to affirm the lower court’s dismissal of the case. #n dissented. In this case, the State of Oklahoma charged Chad Allan Lunsford with serious drug crimes. The police found a large amount of methamphetamine and other drug-related items in a car after they stopped the driver for a traffic violation. The driver, Gloria Caffey, was arrested, and Lunsford was also taken into custody after the police found the drugs. Lunsford said the case should be thrown out because the State didn’t prove that he owned or knew about the drugs. He argued that just being in the car wasn’t enough to show that he controlled the drugs. The judge in the district court agreed with Lunsford and dismissed the case, saying there wasn’t enough evidence to show that he had control over the drugs. The court explained that just being near drugs doesn’t mean someone is guilty. There has to be more proof, showing that the person really knew the drugs were there and had control over them. For example, in this case, the drugs were found in a bottle with Caffey's name on it, and she admitted they were hers. Also, there was no clear evidence that Lunsford was trying to hide anything, and he didn’t try to run away when he could. When the State appealed the judge’s decision, the higher court looked at the facts carefully. They reviewed whether the lower court made a mistake in its decision. The higher court found that the lower court was correct in dismissing the case because they didn’t have the right evidence to show Lunsford was guilty. Thus, they agreed to keep the lower court's dismissal. However, one judge did not agree with the decision. This dissenting judge thought that the trial court made a mistake by not considering some evidence that could connect Lunsford to the drugs. They felt that there were enough signs showing Lunsford might have had knowledge and control over the drugs, and the matters should have been decided by a jury. Ultimately, the court upheld the lower court's decision to dismiss the case against Lunsford, agreeing that the evidence wasn’t strong enough to prove he was guilty of the drug charges.

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