Title 22

F-2018-39

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In OCCA case No. F-2018-39, Robert Ephriam Smith appealed his conviction for two counts of Child Sexual Abuse. In an unpublished decision, the court decided to affirm the conviction and sentencing of life imprisonment on both counts, which were to run consecutively. One judge dissented. Robert Ephriam Smith was found guilty by a jury for abusing two children. The jury suggested that he should spend his life in prison for the acts he committed. The trial judge agreed and stated that Smith would serve his sentences one after the other. Smith raised several points in his appeal. He claimed that the instructions given to the jury were confusing. He believed they did not clearly explain what the jury needed to decide for his charges. He also said that evidence presented against him was unfair because it included things that weren't related to the case and might have made the jury feel negatively toward him. The judge's comments during the trial were also a point of concern for Smith. He thought the judge showed support for the young witnesses, which might have influenced the jury’s opinion unfairly. Moreover, he argued that notes from the forensic examiner and testimonies from his former step-daughter, who said he abused her when she was young, should not have been allowed as they added to the unfairness of the trial. Smith also argued that the way the prosecutor spoke during the trial was not appropriate and might have made it harder for him to get a fair trial. He thought that these methods used by the prosecutor could have led the jury to make a decision out of anger instead of focusing only on the facts. When it came to his lawyer, Smith claimed that his defense was weak and did not raise objections when they should have. He thought this lack of action harmed his case. However, the court decided that since no major errors were found in the trial, his lawyer’s performance could not be considered ineffective. In the end, the court found no grounds to change the original decision. They determined that the trial was fair despite Smith's complaints, and his life sentences would remain. The mandate for this decision was ordered to be issued immediately.

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CF-2004-4488

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This document is an order from the Oklahoma Court of Criminal Appeals regarding the post-conviction appeal of Salvador Martinez, who was sentenced to life imprisonment for his involvement in a murder and additional sentences for attempted murder in connection with crimes he committed as a juvenile. Martinez had appealed the district court's denial of his post-conviction relief, arguing that his sentences constituted cruel and unusual punishment under the Eighth Amendment, as interpreted in the cases of *Miller v. Alabama* and *Montgomery v. Louisiana*. Key points from the order: 1. **Denial of Motion to Supplement Record**: The court denied Martinez's motion to supplement the record with jury trial and sentencing transcripts, indicating that he failed to demonstrate their necessity. 2. **Background of the Case**: Martinez was convicted as a juvenile (16 years old) for serious offenses, including murder and attempted murder, leading to a considerably lengthy sentence. 3. **Legal Framework**: The court discussed the implications of the *Miller* and *Montgomery* decisions regarding juvenile sentencing, asserting that while juvenile offenders cannot be given life without parole, they are not guaranteed freedom. 4. **Aggregate Sentencing Analysis**: Martinez argued that his consecutive sentences effectively equated to life without parole, which violates his rights under the Eighth Amendment. However, the court held that separate sentences should be analyzed individually rather than cumulatively. 5. **Dissenting Opinion**: Judge David B. Lewis dissented, stating that the aggregate of Martinez's sentences effectively ensures he will die in prison without a realistic chance of parole, which he argued violated the Eighth Amendment. 6. **Conclusion**: The court ultimately denied the post-conviction relief, holding that Martinez has a meaningful opportunity for parole during his lifetime and that his sentences did not violate the Eighth Amendment. 7. **Special Concurrence**: Judge Robert L. Hudson specially concurred, emphasizing the importance of analyzing each sentence separately regarding the Eighth Amendment. The document reflects ongoing debates about how juvenile sentencing should be approached, particularly for serious offenses, and illustrates differing judicial interpretations of Eighth Amendment protections in the context of cumulative and consecutive sentences.

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F-2016-461

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In OCCA case No. F-2016-461, Roy Dale Doshier appealed his conviction for Rape in the First Degree. In an unpublished decision, the court decided to affirm the conviction but vacated a $250 attorney fee that had been assessed. One judge dissented. Doshier was found guilty after a jury trial and received a 30-year sentence, with the requirement to serve 85% of the term before being eligible for parole. He raised six points of error in his appeal, focusing on issues such as the admissibility of his statements, jury instructions regarding lesser offenses, the attorney fee, and the fairness of the proceedings. The court reviewed each issue. It found no error in admitting Doshier's statements, reasoning that the trial court had not abused its discretion in allowing them into evidence. On the question of jury instructions, the court concluded that the judge had not erred in not including instructions for lesser offenses, as no prejudice had been shown against Doshier. However, the court agreed to vacate the $250 fee for indigent defense because the attorney assigned to him did not actually represent him in court, which meant the fee was not valid. They also determined that Doshier's sentence was not excessive and did not require the jury to be informed about sex offender registration as part of the instructions. In the end, the court affirmed the judgment and sentence while vacating the fee, upholding the conviction due to a lack of legal errors. Overall, there was no indication that Doshier did not receive a fair trial, and the judges were satisfied with the outcome except for the singular point about the attorney fee.

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RE-2013-848

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In OCCA case No. RE-2013-848, a person appealed his conviction for attempting to make methamphetamine. In an unpublished decision, the court decided that the trial court did not have the authority to revoke the person's suspended sentence because the hearing on the revocation was not held within the required twenty days. The court reversed the revocation and sent the case back for further actions. One judge dissented from this opinion.

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C-2014-79

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In OCCA case No. C-2014-79, Walker appealed her conviction for Assault and Battery on a Police Officer, Resisting an Officer, and Trespassing. In an unpublished decision, the court decided to dismiss Walker's appeal because her application to withdraw her guilty plea was not properly heard by the trial court. One judge dissented, arguing that a hearing had indeed taken place.

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F 2012-294

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In OCCA case No. F 2012-294, Doris Jean Whitaker appealed her conviction for an unspecified crime. In an unpublished decision, the court decided to reverse her conviction and remand the case for a new trial due to a lack of adequate record on appeal. The State agreed with the decision, acknowledging that the failure to provide a trial transcript denied Whitaker her right to a meaningful review of her case. A dissenting opinion was not noted.

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F-2012-499

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In OCCA case No. F-2012-499, Richard Harold Bazemore appealed his conviction for Sexual Abuse of a Child (Counts I-VI) and Lewd or Indecent Acts With a Child Under Sixteen (Count VIII). In a published decision, the court decided to affirm his convictions but modified the presentence investigation fee to $250.00. One judge dissented.

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C-2010-1139

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In OCCA case No. C-2010-1139, a petitioner appealed his conviction for False Personation of Another to Create Liability. In a published decision, the court decided to grant the appeal. The court concluded that the trial court made a mistake by not holding a hearing on the petitioner's request to withdraw her no-contest plea. The decision requires the case to go back to the lower court for this necessary hearing. One judge dissented.

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F-2009-648

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In OCCA case No. F-2009-648, the appellant appealed her conviction for First Degree Manslaughter. In an unpublished decision, the court decided that the appellant should be given the opportunity to withdraw her guilty plea. One judge dissented.

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C-2009-410

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In OCCA case No. C-2009-410, the petitioner appealed his conviction for possession of a controlled dangerous substance (methamphetamine). In an unpublished decision, the court decided to remand the case for an evidentiary hearing regarding the petitioner's motion to withdraw his guilty plea. One judge dissented. The case revolved around the petitioner who had pled guilty to possessing methamphetamine. He had a plea deal where he was supposed to receive a five-year sentence, but ultimately, he was given a ten-year sentence instead. After his sentencing, the petitioner believed that the judge did not follow the plea agreement correctly and moved to withdraw his guilty plea. The trial court did not hold a hearing on his motion, which the petitioner argued was unfair. He raised several concerns, including that there was no clear reason for his guilty plea, that he might not have been competent to enter the plea, and that he didn’t receive proper help from his lawyer. He also claimed the sentence and other penalties were too harsh. After reviewing everything, the OCCA found that there should have been a hearing on the petitioner's request to withdraw his guilty plea. They ordered the trial court to have a hearing where the petitioner could present his case and have a lawyer help him. The hearing needed to happen within 45 days, and if the motion was denied, the court was to send the details to the OCCA, where the petitioner could appeal if he wished. In summary, the court decided that the petitioner deserved another chance to explain his reasons for wanting to withdraw his guilty plea, and a proper hearing should take place to address those issues.

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C-2007-1009

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In OCCA case No. C-2007-1009, Richardson appealed his conviction for Assault and Battery and Malicious Injury to Property. In an unpublished decision, the court decided that Richardson was entitled to a hearing on his Motion to Withdraw Plea of Guilty. One judge dissented.

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S-2008-53

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In OCCA case No. S-2008-53, the State of Oklahoma appealed the conviction for Child Abuse. In an unpublished decision, the court decided to affirm the earlier decisions, meaning they upheld the conclusion that there was not enough evidence to proceed with the trial against the defendant. One judge dissented in this case. The case was about a parent who was accused of child abuse after leaving her two children in a vehicle while she became unconscious. The court looked at whether the parent’s actions met the legal definition of child abuse. A special judge had already decided there wasn’t enough evidence to charge her, and when the State appealed that decision, the district judge agreed. When the case reached the Oklahoma Court of Criminal Appeals, the justices reviewed the earlier decisions. They listened to arguments from both sides and looked closely at the facts. They saw that the earlier judges had acted reasonably and hadn’t made any mistakes that would change the outcome. Therefore, they decided to keep the original ruling, which meant that the parent wouldn’t have to face trial for the charges brought against her.

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F-2006-538

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In OCCA case No. F-2006-538, Manh Micahel Mach appealed his conviction for several drug-related offenses. In an unpublished decision, the court decided to reverse three of the convictions and affirmed the others. One member of the court dissented. Mach faced multiple charges, including unlawful possession of cocaine, methamphetamine, and marijuana with the intent to distribute, as well as failure to obtain a drug tax stamp, unlawful use of surveillance equipment, and possession of a firearm during a felony. He was sentenced to numerous years in prison and fines, with all sentences to be served one after the other. The court looked at several issues raised by Mach. First, they confirmed that he had waived his right to a jury trial knowingly. They also found that the police had reasonable suspicion to stop him, which led to a lawful search of his car after he consented. However, Mach's convictions for possessing cocaine, methamphetamine, and marijuana with the intent to distribute were seen as overlapping offenses. He was found guilty of only one violation for possessing these drugs for distribution, meaning the court reversed two of those drug convictions. The court also agreed with Mach that he was wrongly convicted for failing to obtain a tax stamp because there was no evidence presented about this charge. Thus, that conviction was reversed and dismissed. The evidence showed that Mach was guilty of using surveillance equipment to avoid police detection while selling drugs, so that conviction was affirmed. The court held that Mach's overall sentence was not excessive and within legal limits, leading to the conclusion that other convictions must remain as is. In summary, the court reversed and dismissed some convictions while affirming others based on their findings regarding the lawfulness of the search, evidence presented, and the nature of the offenses.

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C-2005-120

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In OCCA case No. C-2005-120, Charles Hackney McBride appealed his conviction for Manufacturing a Controlled Dangerous Substance and Unlawful Possession of Marijuana. In a published decision, the court decided to grant McBride's request and remand the case for a hearing on his motion to withdraw his guilty plea. One judge dissented. McBride had entered a guilty plea to the charges in January 2004 and was placed in a rehabilitation program. After completing the program, he was sentenced in January 2005 to life imprisonment for manufacturing the controlled substance and one year in the county jail for marijuana possession. Eight days after his sentencing, McBride sought to withdraw his guilty plea, claiming his sentence was too harsh and he had not waived his right to a hearing. However, the district court denied his motion without holding a hearing, which was mandatory according to court rules. The appeals court acknowledged that McBride was entitled to this hearing to ensure proper procedures were followed. Therefore, the court decided to require the district court to hold an evidentiary hearing on McBride's application to withdraw his plea, allowing him another chance to defend his claims.

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