Threatening Archives - OCCA Opinions

F-2018-465

Post author:Staff
Post published:August 29, 2019
Post category:F

In OCCA case No. F-2018-465, Wytch appealed his conviction for First Degree Murder and Feloniously Pointing a Firearm. In an unpublished decision, the court decided to affirm the conviction. No one dissented. Wytch was found guilty of killing Julius Templeton and threatening his former girlfriend, Miranda Orr, with a gun. The events took place on December 9, 2016, after Wytch was jealous of Orr's friendship with Templeton. During a confrontation at Orr's apartment, Wytch argued with her, slapped her, and pointed a gun at her head. When Templeton tried to intervene, Wytch fatally shot him. Wytch claimed he acted in self-defense, saying that Templeton was the first aggressor. No weapon was found on Templeton, and the jury did not believe Wytch's self-defense argument. Wytch argued that evidence from previous incidents where he threatened Orr should not have been allowed in the trial, but the court found the evidence relevant to show motive and intent. Wytch also claimed that the prosecutor's arguments unfairly suggested he had to prove his innocence, but the court ruled the prosecutor's comments were appropriate, aiming to highlight the lack of evidence supporting Wytch's testimony. Finally, Wytch complained that his sentences were too harsh. He was given life without parole for murder and ten years for pointing a gun at Orr, which were the maximum sentences. The court disagreed and did not find the sentences excessive based on the nature of the crimes. Overall, the court upheld Wytch's convictions and sentences, affirming the findings of the lower court.

C-2003-845

Post author:Staff
Post published:May 26, 2004
Post category:C

In OCCA case No. C-2003-845, Curtis Randall Foote appealed his conviction for multiple crimes including First Degree Burglary, Intimidation of a Witness, Domestic Abuse Assault and Battery, and Threatening an Act of Violence. In an unpublished decision, the court decided to affirm the convictions for First Degree Burglary, Intimidation of a Witness, Domestic Abuse Assault and Battery, but to reverse the conviction for Threatening an Act of Violence with instructions to dismiss that charge. One judge dissented. Foote had entered a no contest plea in the District Court of Grady County, where the judge sentenced him to various terms of imprisonment. Foote later tried to withdraw his plea, but the court denied his request. He then appealed this denial. The court reviewed the entire case record and considered multiple reasons Foote presented for his appeal. The first issue was whether he truly entered his plea of no contest. The court found that he did intend to plead no contest, so the plea was accepted correctly by the trial court. Foote also argued that he should not have been treated as a habitual offender because his past convictions were not properly documented. While the court found that his maximum sentence was appropriate, they acknowledged an error in the judgment that needed correcting. Foote also claimed that being convicted of both Intimidation of a Witness and Threatening an Act of Violence was unfair, as they were linked. The court agreed and reversed the latter conviction. However, it determined that his other convictions were valid and based on separate actions. The court ruled that the evidence supporting his intimidation charge was sufficient, and his claim of not having proper legal representation was rejected. Ultimately, the court denied his petition for a writ of certiorari, which means they did not find enough reason to change the lower court's decisions aside from the reversal of the Threatening an Act of Violence charge. They ordered some corrections to the written judgment but upheld most of the other convictions.