Trial Counsel

F-2013-974

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In OCCA case No. F-2013-974, Karena L. Gilbreath-Hancock appealed her conviction for Actual Physical Control of a Motor Vehicle under the Influence of Alcohol. In an unpublished decision, the court decided to remand the case for resentencing but affirmed her original conviction. One judge dissented. Gilbreath-Hancock was found guilty after a jury trial and was sentenced to two and a half years in prison along with a fine. She appealed for two main reasons. First, she claimed that her lawyer had a conflict of interest. However, the court found there was no actual conflict because Gilbreath-Hancock did not object to her lawyer's representation during the trial. The court stated that just because she disagreed with her lawyer's strategy, it did not mean there was a conflict of interest. Second, Gilbreath-Hancock argued that her rights were violated as the trial court failed to give the jury all the possible sentencing options available. The court agreed that the trial court made a mistake and needed to correct it. Because of this, they ordered the case to be sent back for resentencing, making sure that the jury would know all their options. In summary, while the court upheld the conviction of Gilbreath-Hancock, they recognized a mistake in the sentencing process and ordered that it be fixed.

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F-2011-877

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In OCCA case No. F-2011-877, Dennis Lynn Miller appealed his conviction for multiple offenses, including child sexual abuse, first-degree rape, forcible oral sodomy, attempted first-degree rape, kidnapping, assault with a dangerous weapon, and intimidation of a witness. In an unpublished decision, the court decided to affirm his convictions for counts one through six and eight, while reversing and remanding count seven for dismissal. One judge dissented. Miller was convicted after a jury trial in Muskogee County, where he faced serious accusations of abusing his adoptive daughter, L.M. The abuse began when L.M. was around thirteen years old, involving both physical violence and sexual acts that lasted for several years. Miller's conduct included threats of violence to control L.M. during these acts, which left her frightened and unwilling to report the abuse. L.M. eventually confided in a friend, and authorities were contacted, leading to a police investigation that confirmed multiple instances of abuse. Although Miller challenged the admissibility of certain evidence related to his past behavior and the sufficiency of the evidence supporting his convictions, the court determined that the substantial evidence supported the jury's decisions. The court acknowledged that some evidence may not have been properly objected to during trial, but found that the lack of objections by defense counsel did not significantly harm Miller's case, as the victim's testimony was clear and credible. The court ultimately ruled that Miller's conviction for assault and battery with a dangerous weapon should be reversed as the evidence did not support that a dresser was used in a manner that constituted a dangerous weapon. In summary, the court upheld most of Miller's convictions while dismissing one, citing the overwhelming evidence against him and the credibility of the victim's testimony.

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C-2010-1129

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In OCCA case No. C-2010-1129, Julius Jerome Walker appealed his conviction for multiple charges. In an unpublished decision, the court decided to deny his appeal but reversed one count with instructions to dismiss. One judge dissented. Walker was charged in a District Court in Muskogee County with serious crimes including Assault and Battery and Child Abuse. He decided to plead guilty to all the charges. The judge sentenced him to life for each charge, but they would all be served at the same time. After some time, Walker wanted to change his mind and filed a request to withdraw his guilty plea. During the hearing on his request, Walker raised several reasons why he felt he deserved to withdraw his plea. He argued that his lawyer did not help him well enough during the whole legal process, which is known as ineffective assistance of counsel. He also said he was punished too many times for actions that were really just one event, and that his sentences were much too harsh. After looking closely at all of his claims and the case details, the court decided to deny his request to withdraw the plea. However, they agreed with Walker on one point: he had been punished too many times for one part of his actions, so they decided to dismiss one of the counts against him. The court found that Walker’s arguments about ineffective assistance of counsel were not strong enough to change the outcome of the case except for that one count. They explained that his lawyer’s performance did have a small mistake, but most of what his lawyer did was acceptable. Finally, regarding the severity of his sentences, the court did not think they were too extreme, as they were in line with what the law allowed. Thus, they ruled that his punishments were fair based on the circumstances of the case. In summary, Walker did not succeed in changing his guilty plea except for one part of the case. The court maintained most of the convictions and sentences while ensuring that he would not be unfairly punished for the same event more than once.

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F-2010-466

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In OCCA case No. F-2010-466, William Michael DeMoss appealed his conviction for three Counts of Shooting with Intent to Kill and one Count of Assault with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the convictions but vacated the fines associated with each count. One judge dissented. William Michael DeMoss was found guilty of serious crimes, including trying to kill people and attacking someone with a weapon. The jury decided he should go to prison for a long time and also pay money as fines. DeMoss didn’t think the trial was fair and said there were many mistakes made. He argued that there wasn't enough proof to find him guilty, that he couldn’t hear well during the trial, and that he should have had help from experts to prove he had problems. The court looked closely at what DeMoss said and also reviewed all the evidence. They decided that there was enough proof to show that DeMoss did commit the crimes. The court didn’t think his defense attorney did anything wrong to hurt DeMoss's case and that the decisions made during the trial were fair. They also found out that even though there were some mistakes, such as telling the jury they had to give fines when they really didn’t have to, it didn’t change the outcome of the trial. In the end, they agreed with the jury’s decision but took away the fines because it wasn’t right for the jury to have to give them. This means he still has to serve a long prison sentence, but he won't have to pay those extra fines. The court decided that everything else about the trial was okay, and DeMoss's appeal was mostly denied.

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F-2009-385

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In OCCA case No. F-2009-385, Jeffrey Eugene Rowan appealed his conviction for Child Sexual Abuse by a Person Responsible for a Child's Health, Safety, or Welfare. In a published decision, the court decided to grant Rowan's motion for a new trial and dismissed the appeal because the case would be retried. One judge dissented. Rowan was convicted in the District Court of Pittsburg County and sentenced to thirty-five years in prison. His conviction was based on various testimonies, including his own admission to investigators about inappropriate behavior with his stepdaughter and medical testimony suggesting signs of abuse. However, after the conviction, new evidence came to light regarding the medical witness that may have affected the credibility of the case against Rowan. The new evidence showed that the physician assistant who examined the child had her medical license suspended due to drug abuse and misconduct. This detail raised concerns about the reliability of her testimony, which was crucial to the prosecution's case. The court found that this new evidence could change the outcome of the original trial and therefore ordered a new trial. Rowan's original appeal was deemed moot because the case would be retried, and there was no need to evaluate the specific claims raised in that appeal. As a result, the motion for a new trial was granted, and the case was sent back to the lower court for another trial.

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C-2010-431

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In OCCA case No. C-2010-322, Kinter appealed his conviction for assault and battery with a deadly weapon with intent to kill. In an unpublished decision, the court decided to vacate his conviction and grant him a new trial. One judge dissented. Silvon Dane Kinter was charged with assault and battery with a deadly weapon in 2009. He had trouble paying his lawyer, and she withdrew from the case. Kinter asked for a public defender but was denied. Kinter then pleaded guilty to the charges because he felt pressured and did not want to represent himself at trial. After pleading guilty, Kinter quickly sought to withdraw his plea, claiming he was not given fair legal help. He argued that his rights were violated because he was not allowed to have a lawyer he could trust and that he was forced to plead guilty under pressure. The court found that Kinter did not get a chance for a proper assessment of his financial situation and that the denial of counsel affected his decision to plead guilty. The Oklahoma Court of Criminal Appeals agreed with Kinter, stating that he was denied a fair right to legal representation. They ruled in his favor, allowing him to withdraw his guilty plea and giving him a chance for a new trial. The case highlights the importance of having a lawyer who can represent a defendant without any problems and ensures they understand their rights fully.

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RE-2010-431

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In OCCA case No. RE-2010-431, Edwards appealed her conviction for QUERKing a Forged Instrument. In an unpublished decision, the court decided that while Edwards' five-year suspended sentences were properly revoked, the District Court mistakenly ordered the sentences to run consecutively instead of concurrently. The court agreed with the State's request to remand the matter for re-sentencing to align with the original judgment. No dissenting opinion was filed.

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F-2009-535

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In OCCA case No. F-2009-535, Joseph Lander Smith appealed his conviction for Distribution of a Controlled Dangerous Substance (cocaine base). In an unpublished decision, the court decided to modify Smith's sentence from twenty-five years to seventeen years imprisonment. One judge dissented. Joseph Lander Smith was found guilty by a jury for distributing a controlled substance after he had a previous felony conviction. The jury recommended that he be sentenced to twenty-five years in prison, which the judge agreed to, making it run consecutively with another sentence he was already serving. Smith raised several arguments in his appeal. He first claimed that he didn't get a fair trial because the prosecutor didn’t share important information that could have helped his case. The information was about a witness who helped the state. This witness had her own past troubles with the law but the jury was not told about them. Smith argued that this was wrong because it might have changed how the jury viewed that witness's testimony. Next, Smith said it wasn't right for the jury to know about his previous suspended sentence during the trial. He believed that mentioning this past sentence by the prosecutor made the jury biased against him and influenced the punishment they decided on. The jury even had questions about how his past might relate to their decision, which showed they were affected by this information. Smith also argued that his lawyer didn’t do a good job defending him by failing to investigate these issues properly. However, the court thought that the evidence against him was strong and that the errors made during the trial, while present, did not change his guilt. Still, the judge decided that the combination of these errors meant that Smith should not serve the full twenty-five years, so his sentence was reduced to seventeen years instead. Ultimately, the court affirmed Smith's conviction but changed his sentence to make it lighter, acknowledging the mistakes made during the trial without completely overturning the conviction.

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F-2007-336

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In OCCA case No. F-2007-336, Michelle Ann Barry appealed her conviction for First-Degree Murder. In an unpublished decision, the court decided to reverse her conviction and remand for a new trial. One judge dissented. Michelle Ann Barry was found guilty of murdering her infant daughter, Andrea Heath. The jury decided on a life sentence for Barry. Barry argued that the evidence against her was not strong enough to prove she was guilty. Her main point was that the evidence only suggested she might be guilty but did not rule out other possibilities of who could have harmed her child. The court explained that it had to look at the evidence in a way that favored the state. They concluded that the jury could have believed Barry was the one who harmed her daughter. This was largely because the only other person awake during the incident was Barry's five-year-old son, who was too small to cause the injuries. Barry also claimed her lawyer did not do a good job defending her in court. To win this point, she had to show that her lawyer made serious mistakes and that those mistakes changed the outcome of her case. She pointed out that her lawyer failed to object to certain evidence that could have hurt her chances in the trial, like bad character evidence about her lifestyle and drug use. The court agreed with Barry that her lawyer's performance was lacking. They noted that her lawyer didn’t challenge negative testimony that could mislead the jury, and importantly, did not find experts to counter the claims made about her son’s physical inability to cause the injuries. Due to the many mistakes made by her lawyer during the trial, the court felt that Barry's conviction couldn’t stand. They reversed her conviction which means she would have a chance at a new trial to present her case again. One judge dissented, believing that the conviction should be upheld.

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C-2007-968

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In OCCA case No. C-2007-968, Aminu Inuwa appealed his conviction for Robbery with a Firearm and Possession of a Firearm After Former Conviction of a Felony. In a published decision, the court decided that Inuwa was denied effective assistance of counsel because of an attorney-created conflict of interest. The decision was that his application to withdraw his guilty pleas was to be granted, and the case was sent back for a proper hearing on that application. One member of the court dissented.

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F-2006-669

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In OCCA case No. F-2006-669, Coronado appealed his conviction for attempted burglary in the second degree. In an unpublished decision, the court decided that the district court did not make a reversible error by failing to instruct the jury on the lesser included offense of malicious mischief. The court also found that the restitution amount ordered by the district court was not supported by sufficient evidence, and this part of the case was sent back for proper determination. One judge dissented.

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F-2006-991

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In OCCA case No. F-2006-991, Causey appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to reverse and remand for a new trial. One judge dissented. Causey was found guilty after a jury trial and given a 15-year prison sentence. He claimed there were several mistakes made during his trial. 1. He argued that the jury was not told he would have to serve 85% of his sentence. 2. He also said that the court let hearsay from the child victim be used against him without checking if it was trustworthy. 3. Causey felt he was not allowed to present his side of the story properly. 4. He criticized the decision to give instructions about flight, suggesting it was unfair. 5. He pointed out issues with witnesses who supported the victim’s truths, saying it affected the fairness of his trial. 6. He was concerned that the victim testified holding a doll, which he believed was inappropriate. 7. Causey said his lawyer did not do a good job because they did not try to stop the search of his home. 8. He claimed that all these mistakes combined made the trial unfair. The court agreed that the trial had serious errors, particularly with how hearsay was handled and the statements about the victim's truthfulness. These mistakes meant that Causey did not receive a fair trial. The court ordered that he should get a new trial and said that future juries should be informed about the 85% requirement of the sentence. They did not need to provide further solutions for other issues since the main decision was enough to overturn the case.

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M-2006-555

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In OCCA case No. M-2006-555, the appellant appealed his conviction for recklessly conducting himself with a firearm. In an unpublished decision, the court decided to reverse the judgment and sentence and ordered a new trial. One judge dissented. The case began when the appellant was charged with a crime called Feloniously Pointing a Firearm. However, after a jury trial, he was found guilty of a lesser crime, which was Reckless Conduct With a Firearm. The punishment for this was six months in jail and a fine of $500. The appellant raised several arguments for why he believed the jury should have decided differently. First, he claimed that he was not properly told about his right to defend himself when he was faced with danger. Second, he argued that he could not access evidence that would show that a witness was not telling the truth. Third, he felt that the jury's decision was based on guesses rather than solid proof. Lastly, he believed he did not have good help from his lawyer during the trial. The court found that the instructions given to the jury were not clear about the appellant's right to self-defense. The jury had even sent a note to the trial court saying they did not feel they understood this important piece of information. The law says that a person must have the chance to explain their side of the story, especially when it comes to self-defense, and in this case, the jury did not get the right instructions about that. Since this was a big mistake that could have affected the jury’s decision, the court decided to reverse the original judgment. It means the appellant will have another chance to prove himself in a new trial. The court did not explore all the details of the self-defense claim but decided that the jury needed the proper guidance on this important matter. The case is now remanded back to the District Court for a new trial where the jury can hear the complete story, including the self-defense argument. This verdict was supported by the judges, but one judge had a different opinion about the case.

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PC 2006-0638

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In OCCA case No. PC 2006-0638, the petitioner appealed his conviction for manufacturing a controlled dangerous substance, possession of counterfeit bills, and larceny by fraud. In an unpublished decision, the court decided to reverse the lower court's denial of post-conviction relief and ordered a new trial due to ineffective assistance of counsel. One judge dissented. The petitioner had previously been convicted by a jury and sentenced to prison along with fines. After the conviction, the petitioner argued that his trial and appellate lawyers did not perform effectively. He contended that many mistakes were made during his trial, impacting the fairness of his case. The trial court found that the petitioner's attorney did not challenge the way his statement to the police was obtained, which was a significant part of the evidence used against him. The lawyer also failed to ask for important jury instructions and did not properly raise issues on appeal. The trial court agreed that the lawyer made many mistakes, but initially decided that these mistakes did not change the outcome of the case. However, upon review, the appellate court determined that the mistakes made by the lawyer were so serious that they undermined confidence in the trial's outcome. This meant that the petitioner did not get a fair trial, violating his rights. The decision was reversed, and the case was sent back to the lower court for a new trial. This case highlights the importance of having effective legal representation, as mistakes made by lawyers can lead to wrongful convictions or unfair trials.

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F-2004-1080

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In OCCA case No. F-2004-1080, Kirk Douglas Byrd appealed his conviction for multiple offenses, including Unlawful Possession of a Controlled Drug and Driving Under the Influence of Intoxicating Liquor. In a published decision, the court decided to affirm most of the convictions but modified the sentence for the DUI charge to ten years. One judge dissented.

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F-2004-389

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In OCCA case No. F-2004-389, the appellant appealed his conviction for robbery by force. In an unpublished decision, the court decided to reverse the conviction and remand the case for a new trial. One judge dissented. The case involved James Stephen Richardson, who was found guilty of robbery. He was sentenced to 20 years in prison and fined $1500. Richardson argued that his lawyer did not do a good job and that this impacted his defense. He claimed his lawyer failed to challenge a juror, did not question how he was identified by the victims, and did not find evidence that could help prove he was innocent. The court looked into Richardson's claims and decided to hold a special hearing to investigate his last point about ineffective assistance of counsel. During this hearing, it was revealed that there were certain jail policies regarding the clothing of inmates that were not properly investigated by Richardson’s attorney. The evidence showed that the items of clothing could not be released under the jail's rules, which could have helped Richardson’s case. The district court agreed that the lawyer did not conduct a reasonable investigation about this clothing policy. Because of this failure, the judge believed that the defense had a weaker case and that if this information had been presented, the outcome of the trial could have been different. The court decided that Richardson's attorney did not provide adequate legal help, which is why they reversed the original judgment. In summary, Richardson's case was sent back for a new trial because the court found that his lawyer did not do enough to support his defense, particularly regarding important evidence about the clothing policy at the jail.

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F-2004-184

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In OCCA case No. F-2004-184, Kenneth Kelmer Jackson appealed his conviction for Accessory After the Fact to First-Degree Murder and Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to affirm the conviction for Accessory After the Fact but reversed the conviction for Knowingly Concealing Stolen Property with instructions to dismiss that charge. One judge dissented. Kenneth was found guilty of helping someone after a murder had taken place and for hiding stolen items. The jury said he should go to prison for 14 years for the murder accessory charge and 5 years for the second charge, which would be served one after the other. On appeal, Kenneth argued that he should not be punished for both crimes since they came from the same act. The court agreed with him on this point and reversed the second conviction. Though they looked at his other claims about the trial not being fair, they decided they did not change the outcome of the case. In the end, the court said he could remain guilty of being an accessory to murder, but the charge regarding hiding stolen property was removed. One judge disagreed with part of this decision.

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J-2004-662

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In OCCA case No. J-2004-662, a fifteen-year-old juvenile appealed his conviction for Second Degree Burglary. In a published decision, the court decided to modify the conviction to Illegal Entry instead of Second Degree Burglary. One judge dissented. The case started when the State filed a petition claiming that the Appellant committed the act of burglary. A trial was held without a jury, and the court found him guilty. The Appellant then appealed this decision, claiming there were two main problems. First, the Appellant argued that there was not enough evidence to prove he was guilty beyond a reasonable doubt. The court agreed that the State did not show enough evidence for the breaking part of the burglary charge. However, they decided that the evidence was enough for a different crime called Entering a Building with Certain Intent, which is also known as Illegal Entry. Second, the Appellant argued that he did not properly give up his right to a jury trial. The court said this claim was not valid. They found that the Appellant had a lawyer during the trial and he signed a form saying he was okay with not having a jury. There was no evidence that he did not understand this decision or that he was forced into it. In the end, the court modified the original ruling and confirmed that the Appellant was guilty of Illegal Entry instead of Second Degree Burglary. This decision was officially recorded by the court, and they ordered that the correct information be entered into the court records.

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RE-2003-660

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In OCCA case No. RE-2003-660, Fox appealed his conviction for revocation of his suspended sentence. In an unpublished decision, the court decided that the revocation order should be reversed and remanded for further proceedings. One judge dissented. Fox was found guilty of Concealing Stolen Property and received a suspended sentence, which meant he wouldn't serve jail time right away but had to follow certain rules. He had to pay money as part of his sentence and stay employed. Over time, Fox struggled to meet these requirements due to health issues and other challenges, and the State said he violated the rules of his probation. Upon review, the Court looked at whether Fox’s actions were willful. This means they examined if he meant to break the rules or if there were reasons he couldn’t comply. Fox's attorney had agreed with the State's claims but there was confusion about whether Fox could argue that he had a good reason for not following the rules. In the end, the Court found that Fox had the right to argue that he did not willfully break the rules of probation. The previous order revoking his sentence was reversed, and more discussions were needed to figure out his situation properly.

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F-2002-1351

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In OCCA case No. F-2002-1351, Barrett appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Randy Barrett was found guilty of First Degree Murder in a trial. The jury said he should go to prison for life and pay a fine. Barrett thought the judge and the jury made mistakes. He raised several points in his appeal, saying there were errors during his trial. One of the main issues was that Barrett's lawyer did not tell him about the lesser charges that he could have been found guilty of instead of First Degree Murder. Barrett felt that he didn’t understand this and claimed his lawyer gave him bad advice. Barrett wanted to fight for a chance to potentially get a lesser sentence but didn’t pursue it because he was worried his lawyer said that mentioning those charges could lead to a longer prison sentence. Barrett argued that the evidence against him didn’t really support the murder charge, especially the claim about kidnapping the victim as part of the crime. He also thought the jury saw unfair photographs that shouldn’t have been leaked during the trial, hurting his chance for a fair trial. Additionally, he believed his lawyer wasn’t allowed to explain certain details about the case, which affected the way the jury viewed his actions. The court looked carefully at Barrett’s complaint. It found that Barrett was right in saying his lawyer didn't give him good advice about applying for the lesser charges. This misguidance led Barrett to give up an important option that could have benefited him. The court pointed out that Barrett’s lawyer was confused and didn't accurately inform him about his chances for parole based on different sentences. Because of these mistakes by his lawyer, the court decided that Barrett deserved another trial to get a fair chance. They reversed the earlier decision and sent the case back to start again. One judge disagreed with this choice, believing that Barrett was a smart individual who made a choice in consultation with his lawyer and understanding the risks.

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F-2002-1561

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In OCCA case No. F-2002-1561, Joe Edward Stratmoen appealed his conviction for Unlawful Possession of a Dangerous Drug and Possession of a Weapon While Committing a Felony. In an unpublished decision, the court decided to affirm the life sentence for the drug charge but modified the sentence for the weapons charge to two years. One judge dissented. Stratmoen was found guilty of having methamphetamine and a weapon during a crime. He was originally sentenced to a long prison term. However, he argued that he did not agree to a key part of his sentencing, which led to a re-sentencing trial being ordered. At this new trial, the jury decided he should have a life sentence for the drug charge and a ten-year sentence for the weapon charge. Stratmoen’s appeal brought up several points. He said the court shouldn’t have let a jury re-sentence him just for this non-death penalty case. He also argued that he never truly agreed to his earlier convictions being used against him before. Stratmoen claimed that testimony from police officers during his trial was unfair and that the way the prosecutor spoke about parole led to a wrong verdict. Lastly, he felt that a life sentence for having drugs was too harsh for his situation. After looking at everything, the court thought that Stratmoen's sentence for possessing a weapon should be reduced to two years since it couldn’t be increased further. They agreed that the trial court was right in letting a jury examine whether he had prior convictions but pointed out that they had to correct some details about his life sentence, making sure it indicated he could be eligible for parole. In conclusion, while his life sentence was upheld, it was important to ensure that the legal documents accurately reflected the possibility of parole, providing him with a fair opportunity for the future.

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F-2002-613

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In OCCA case No. F-2002-613, Muhajir A. Sango appealed his conviction for Unlawful Possession of a Controlled Dangerous Substance with Intent to Distribute, after Former Conviction of Two or More Drug Felonies. In an unpublished decision, the court decided to affirm the conviction but reversed the sentence and remanded the case for resentencing. One member of the court dissented. Sango was found guilty by a jury and sentenced to thirty years in prison and a fine of $10,000. He raised several arguments on appeal. He claimed that evidence showing his gang affiliation was irrelevant and unfairly influenced the jury. He also argued that his lawyer did not properly object to this evidence, which made his legal representation ineffective. Lastly, he believed the jury was given incorrect information about his possible sentence. Upon reviewing the case, the court agreed that there was an error in the jury instructions concerning the punishment range for habitual drug offenders. The court concluded that the jury was mistakenly told that the minimum sentence was twenty years instead of the correct ten years. Despite agreeing with some of Sango's concerns, the court found that the introduction of gang-related evidence did not significantly impact the jury's decision, and the arguments about ineffective assistance did not hold up. As a result, his conviction was upheld, but the court mandated that the sentencing should be redone to correct the earlier mistake.

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C-2003-858

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In OCCA case No. C-2003-858, Esther Servin appealed her conviction for Child Neglect. In a published decision, the court decided to grant her petition to withdraw her guilty plea based on the interests of justice. One judge dissented. Servin had pled guilty to two counts of Child Neglect, which means she was charged with not taking care of her child. A judge sentenced her to a long time in prison—37 years for one count and 10 years for the other. This punishment would mean she had to serve those two sentences one after the other, making a total of 47 years. After the sentencing, Servin tried to take back her guilty plea because she thought she didn’t understand what was happening during her trial. Her request was denied at first, but later, the court allowed her to appeal. In her appeal, Servin said two main things: First, she believed she didn’t enter her guilty plea in a way that was fair and understood. Second, she thought her lawyer did not help her well enough. The court looked at all the information, including the questions asked in court and the answers Servin gave. They concluded that it was right to let her withdraw her plea because it would be fair to do so. The dissenting judge disagreed. This judge believed that Servin’s plea was valid and that everything in court was handled well. The dissenting judge thought the sentence, even though it was long, should be kept as is because Servin had made her choices and understood her situation at the time. In summary, the court allowed Servin to withdraw her guilty plea based on fairness, while one judge felt the original plea should stand.

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F 2003-648

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In OCCA case No. F 2003-648, Remigio Rivas appealed his conviction for First Degree Rape by Instrumentation and Lewd Acts with a Child under Sixteen. In an unpublished decision, the court decided to affirm his convictions but modified the sentences from 100 years to 75 years for each count. One judge dissented.

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F-2001-1488

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In OCCA case No. F-2001-1488, Robert Wesley Choate appealed his conviction for manufacturing a controlled dangerous substance, possession of a precursor, and possession of a controlled dangerous substance. In an unpublished decision, the court decided to uphold the conviction for manufacturing but reversed the conviction for possession of a precursor, which means that his punishment for that charge was dismissed. One member of the court dissented from this decision.

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