Threatening to Perform an Act of Violence

F-2015-909

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In OCCA case No. F-2015-909, Ricky Nolan Ennis appealed his conviction for multiple offenses. In a published decision, the court decided to affirm the convictions but vacated the restitution order and remanded the case for a proper determination of the victim's loss. Ricky Nolan Ennis pled guilty to burglary and domestic assault and battery, with sentencing delayed so he could complete a rehabilitation program. After he completed the program, the court agreed to delay his sentencing for five years. However, later on, the State alleged he violated his probation by committing new crimes. He was tried by jury for these new charges and found not guilty of kidnapping but guilty of assault and battery with a dangerous weapon, assault and battery in the presence of a minor, and threatening violence. The jury recommended various sentences, which the judge followed along with increasing his sentences from the earlier cases due to probation violations. Ennis raised several arguments in his appeal, questioning whether he was properly advised about his right to appeal, claiming he did not plead to the new charges, and arguing that the trial judge considered irrelevant information and that the evidence against him was unfairly prejudicial. Ennis also claimed his attorney did not represent him effectively, that the prosecutor misbehaved, and that the sentences he received were excessive. After a thorough review, the court found Ennis's complaints about not being advised on the right to appeal and other issues did not warrant relief. They noted that he did not raise many of these issues in a timely manner and that most of his claims did not show he was denied a fair trial. However, the court did find an error in how restitution was determined, as there was not enough evidence to justify the amount ordered. Ultimately, the court’s decision affirmed Ennis’s convictions but also required the case to return to the lower court to correctly handle the victim's restitution claim.

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M-2016-268

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In OCCA case No. M-2016-268, the appellant appealed his conviction for threatening to perform an act of violence and resisting an officer. In an unpublished decision, the court decided that the trial court made an error by not properly informing the appellant about the risks of representing himself without a lawyer. The court found that there was not enough evidence to show that the appellant understood what he was doing when he waived his right to a lawyer. The court reversed the trial court's judgment and ordered a new trial. One judge dissented.

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C-2011-651

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In OCCA case No. C-2011-651, the appellant appealed his conviction for domestic assault and battery by strangulation and threatening to perform an act of violence. In an unpublished decision, the court decided to modify the sentence for the second count but affirmed the conviction and sentence for the first count. One judge dissented. James Duane Dorsey, Jr. entered a guilty plea for domestic assault and battery and no contest for threatening to perform an act of violence. He was sentenced to three years in prison, which was suspended, and 90 days in county jail for the first count. For the second count, he received a suspended one-year jail sentence, to run at the same time as the first count. Dorsey later tried to withdraw his pleas, but the trial court did not allow it. In his appeal, Dorsey argued two main points. First, he claimed his plea for the first charge was not valid because the court did not show enough facts to justify the plea. Second, he said the sentence for the second count was too long and needed to be changed. The court looked carefully at the entire case record before making a decision. They found that for the first point, Dorsey did not mention the lack of facts during his earlier motions, which means it was not properly brought up in his appeal. The court determined that, under their rules, they could only check for serious mistakes, not just any errors. They confirmed that Dorsey's pleas were made knowingly and that the court had the right to accept them. Dorsey had admitted to the crime of strangulation during his hearing, and the state had evidence to support the charge of threatening violence. For the second point, the court agreed with Dorsey that his sentence for the second count was too long. They noted that the maximum sentence for that misdemeanor should be six months. Therefore, they adjusted the sentence down to six months, but still suspended it. Overall, the court accepted Dorsey’s pleas and affirmed his conviction for the first count. However, they changed his sentence for the second count to fit within legal limits. One judge disagreed with how the court reviewed the first point but agreed with the rest of the decision.

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