Trial Court

RE-2004-614

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In OCCA case No. RE-2004-614, the appellant appealed his conviction for second-degree rape by instrumentation. In an unpublished decision, the court decided to modify the revocation of the appellant's suspended sentence. One judge dissented. The case began when the appellant pled guilty to second-degree rape and was sentenced to a total of 10 years and 6 months of imprisonment. However, the judge suspended all but the first 6 months, allowing the appellant to serve that time in prison and then go on probation with specific rules. One of these rules, known as Rule 9, prohibited the appellant from using pornography or visiting places like adult bookstores and massage parlors. Later, the state accused the appellant of violating this rule. They claimed that he participated in a live sex show on the Internet, which was viewed by an undercover police officer. The officer discovered the show after receiving a tip about the appellant's activities. Following a hearing, the judge ruled that the appellant did indeed violate the conditions of his probation and revoked the remaining part of the suspended sentence. The appellant brought forth three main arguments in his appeal. First, he claimed that his right to a fair attorney was compromised because his lawyer had previously worked as a prosecutor in his original rape case. The court found that although an attorney representing both sides creates concerns, in this case, the attorney was no longer working for the prosecution at the time of the revocation hearing. Therefore, the court did not find this to be a reversible error. Second, the appellant argued that the state had not given him enough notice about the specific allegations against him. The court agreed that the notice was lacking but noted that the appellant had actual knowledge of the issues at hand and did not show any harm from the lack of notice. Lastly, the appellant asserted that revoking his entire suspended sentence was too harsh. The court recognized that the appellant had shown good behavior while on probation and that he had been actively working on his rehabilitation. The judge noted that the probation officer and treatment providers believed that a lesser sanction would have been appropriate instead of total revocation. Thus, the court decided to modify the revocation order so that the appellant would only serve the time he had already spent in confinement and would be returned to probation. The revised decision was a mix of affirming some parts of the original ruling while changing the overall outcome regarding the revocation of probation.

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C-2004-957

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In OCCA case No. C-2004-957, Jeremy Clarence Rankin appealed his conviction for various charges. In a published decision, the court decided to grant his petition for Certiorari and remanded the case to the District Court for a new hearing on Rankin's motion to withdraw his guilty pleas. One judge dissented, stating that he did not believe there was evidence of ineffective assistance of counsel and that the original plea was made knowingly and voluntarily.

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F-2004-197

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In OCCA case No. F-2004-197, McNeil appealed his conviction for possession of a controlled substance, resisting an officer, and speeding. In an unpublished decision, the court decided to reverse the convictions and remand the case for a new trial. One judge dissented. McNeil was convicted by a jury for three counts: possession of methamphetamine, resisting an officer, and speeding. The judge sentenced him to two years in prison for the drug charge and imposed fines and jail time for the other charges. McNeil believed he did not get a fair trial for several reasons. Firstly, he argued that the jury heard about other crimes that did not relate to the current case, which might have made them think he was a worse person than he actually is. Secondly, he claimed that a police officer made comments during the trial that unfairly influenced the jury against him. In reviewing the case, the court found that one of the officer’s comments was particularly damaging and could have influenced the jury's decision. The judge's warnings to the jury did not fix the problem, and since the evidence against McNeil was not strong, it was decided he deserved a new trial. Because the appeal was successful based on these issues, the court did not need to discuss the other points McNeil raised about his trial. The outcome was that McNeil's conviction was overturned, and the case was sent back for a new trial where he could have another chance to defend himself.

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C-2004-739

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In OCCA case No. C-2004-739, Billy Jack Brown, Jr. appealed his conviction for Attempt to Manufacture the Controlled Dangerous Substance Methamphetamine and/or Amphetamine, Child Endangerment, and Possession of a Controlled Dangerous Substance Methamphetamine or Amphetamine. In an unpublished decision, the court decided to grant his petition for a writ of certiorari and remand the case for a new hearing on his application to withdraw his plea. One member of the court dissented. Billy Jack Brown pleaded no contest to three charges related to drugs and child endangerment. He was given a long prison sentence and a large fine. After some time, Brown wanted to change his plea. He said he felt pressured to plead guilty, claiming his lawyer told him if he didn’t, his wife wouldn’t be accepted into Drug Court. Brown said he didn't agree with his lawyer on many things and felt that it was hard for him to make a good decision about his plea. During a hearing about his request to change his plea, his lawyer said he was unsure about how to proceed because he couldn’t recommend that Brown change his plea. The court found that because Brown and his lawyer had a conflict of interest, he did not receive effective help, which is a right every person has. The court decided that Brown should have a new hearing so he could properly address his reasons for wanting to withdraw his plea. The decision was made to let Brown have this chance, and the appeals court ordered that the case be sent back for a new hearing to properly look at his request. One judge disagreed with this decision, saying that Brown's statements about being coerced were not supported by the evidence and that he had made a voluntary plea.

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C-2003-1334

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In OCCA case No. C-2003-1334, Rodney Taylor Glenn appealed his conviction for various crimes. In a published decision, the court decided to allow Glenn to withdraw his plea for some charges but affirmed his conviction for others. One judge dissented. Rodney Taylor Glenn was charged with several crimes in Washington County. He made a deal with the State where some charges were dropped in exchange for him accepting a plea of nolo contendere, which means he didn't admit guilt but accepted the punishment. The judge sentenced him to a total of 35 years for some crimes and 20 years for others, with some sentences running consecutively and others concurrently. Glenn later wanted to change his plea, saying he wasn't fully advised of the possible punishments for his actions. He claimed that the court didn't check whether he was mentally fit to plead, and that he received wrong information about the sentencing ranges for some of his charges. He argued that he should be allowed to withdraw his plea since there was no solid factual basis for one of the charges—assault and battery with a deadly weapon. The court looked at Glenn's arguments carefully. They agreed that the trial court had checked enough to see that Glenn was able to plead. However, they found that they could not support the charge of assault and battery with a deadly weapon based on the facts presented. The court also agreed that Glenn had been given wrong information about the possible punishments for his actions. Because of these issues, the court ruled that Glenn could withdraw his plea for the assault and battery with a deadly weapon and a charge related to a firearm, but they upheld the convictions for the other charges. The final decision meant Glenn was allowed to change his plea for some charges, but the original convictions on others were kept. One judge did not agree with the decision to let Glenn withdraw his plea, arguing that Glenn had made a bargain and should not benefit from mistakes made during the process. This dissent highlighted the complexity of plea agreements and the expectation that all parties would honor the deal made.

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C-2003-1334

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In OCCA case No. C-2003-1334, the petitioner appealed his conviction for multiple crimes, including unlawful possession of a controlled substance, possession of a firearm, and assault and battery with a deadly weapon. In an unpublished decision, the court decided to grant the petition for a writ of certiorari in part and deny it in part. One judge dissented. Rodney Taylor Glenn faced charges in three different cases in the District Court of Washington County. He made a plea agreement, which led to some charges being dropped in return for him waiving a preliminary hearing and pleading no contest. The judge accepted his plea and sentenced him to several years in prison for each of his charges. Later, Glenn wanted to withdraw his plea because he believed there were issues with how it was handled. He argued that the court did not check if he was mentally capable of understanding his plea, that there was not enough evidence for some of the charges, and that he was misinformed about the possible punishments. Glenn also claimed that he did not get the benefit of his agreement and that he did not have effective help from his lawyer. The court reviewed Glenn's arguments. It concluded that Glenn was competent to enter his plea and that there was enough evidence for most of the charges. However, the court agreed that there was not sufficient evidence to support one of the assault charges, which meant Glenn could withdraw his plea for that specific charge. Additionally, Glenn was correctly advised about some of the punishments but misinformed about others, which led to the decision to let him withdraw his plea on those counts as well. The court ultimately decided to keep some of the sentences but allowed Glenn to withdraw his plea for the assault charges and the possession of a firearm while committing a felony based on the errors found. In conclusion, the judgment and sentence were affirmed in part and reversed in part. Thus, Glenn was allowed to change his plea on certain counts, while other parts of his case remained unchanged.

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F-2004-82

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In OCCA case No. F-2004-82, Billy Dale Lathrop appealed his conviction for multiple crimes, including conspiracy to manufacture methamphetamine and child endangerment. In a published decision, the court decided to affirm the convictions for conspiracy, possession of methamphetamine, possession of precursor chemicals, and possession of paraphernalia, but to reverse the convictions for child endangerment. Three judges dissented regarding one of the convictions.

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F-2003-1297

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In OCCA case No. F-2003-1297, Thomas Edward Gale appealed his conviction for multiple drug-related offenses. In a published decision, the court decided to uphold most of his convictions but reversed one of them. One judge dissented. During the trial, Gale was found guilty of making methamphetamine and possessing certain substances that can be used to create drugs. He received a long prison sentence and a hefty fine. Gale argued that he should not have been punished twice for having two different precursor substances without a permit and also claimed that some of the evidence against him was not strong enough. The court found that Gale's actions of making meth and having precursor substances without a permit were different crimes, so it was okay for him to be convicted for both. However, they agreed that he should not have been convicted for both types of precursor substances because that counted as one crime. So, they reversed that part of the decision. The court decided that there was enough evidence to prove that Gale was keeping a place where drugs were used and sold. They also concluded that his sentence and fine were appropriate. In the end, the court upheld Gale's sentences for most of the crimes but dismissed one of the precursor possession convictions.

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C-2003-1247

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In OCCA case No. C-2003-1247, Robert Hershal Perkis appealed his conviction for robbery with a dangerous weapon, kidnapping, and burglary in the first degree. In an unpublished decision, the court decided to affirm the conviction for robbery with a dangerous weapon, reverse the kidnapping conviction, and modify the burglary conviction to second-degree burglary. One judge dissented on the kidnapping aspect. Robert Hershal Perkis was charged with three serious crimes: robbery using a dangerous weapon, kidnapping, and first-degree burglary. He pleaded nolo contendere, which means he did not contest the charges. The court sentenced him to a total of 60 years in prison for these crimes, with the sentences running one after the other, and ordered him to pay fines and restitution. Later, Perkis filed an application to withdraw his guilty pleas, stating that his pleas were not supported by enough evidence, that the sentences were too harsh, and that he did not receive good help from his lawyer. The court looked into these claims and first examined if the pleas were based on sufficient evidence. For the robbery charge, the court found that the victim was threatened with a dangerous weapon and had property taken from him, which satisfied the elements of robbery. Thus, the court upheld Perkis' conviction for robbery with a dangerous weapon. In looking at the kidnapping charge, the court considered the facts surrounding the incident. The victim was taken to a field and held there by Perkis and others. The central issue was whether the confinement of the victim could be considered “secret.” The court decided that because the victim was in a public area, it did not meet the legal definition of secret confinement, which led to the reversal of the kidnapping conviction. Regarding the burglary charge, the court found that while there were issues concerning the evidence for first-degree burglary, it chose to modify the conviction to second-degree burglary instead, giving Perkis a shorter sentence for that conviction. Overall, the court's opinion granted some relief to Perkis by reversing one conviction and modifying another, but kept the robbery conviction intact. The dissenting judge felt that the kidnapping conviction should stand, arguing that the facts should be considered as a case of secret confinement.

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F 2003-959

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In OCCA case No. F 2003-959, Tomas DeLeon, III appealed his conviction for five counts of Lewd Molestation. In an unpublished decision, the court decided to affirm the convictions. One judge dissented. Tomas DeLeon, III was found guilty of crimes against children. A jury decided on the punishment for these crimes, saying he should go to prison for a total of about 14 years. He did not like the decision and asked the court to review it. He said that there were many mistakes made during his trial. First, DeLeon thought there wasn’t enough evidence to support one of the counts against him. He also said that his lawyer didn’t help him well. His lawyer didn’t try to cancel one of the charges, didn’t argue well during the trial, and didn’t use some evidence that could help DeLeon. DeLeon also complained that the people who were trying to prove he was guilty acted in a way that unfairly influenced the jury during their closing statements. He felt it wasn’t fair because they talked about other bad things he had done in the past. DeLeon argued that the judge didn’t make sure everything was recorded properly for his appeal, which hurt his rights. Then, he mentioned that the judge said he could not earn “good time,” which is a way prisoners can reduce their sentences for good behavior. Finally, he believed there wasn’t enough evidence to prove he did the bad things they said he did. He thought the errors and problems during the trial were so strong that the court should either take away his convictions or lessen his punishments. After looking closely at everything, the court decided that the convictions should stay as they were. They found that DeLeon hadn’t shown enough proof that his lawyer made big mistakes. They felt that the choices made during his trial didn’t create any serious unfairness. However, they did agree that the judge made a mistake by saying DeLeon could not earn “good time.” They ordered that this part of the decision should be removed from his sentence. But overall, the court upheld the jury's decision, meaning DeLeon will still go to prison for the crimes he was convicted of.

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F-2003-1136

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In OCCA case No. F-2003-1136, Ernest Lynn appealed his conviction for Possession of Firearms After Conviction of a Felony. In an unpublished decision, the court decided to remand the matter for further proceedings. One judge dissented. Lynn had been tried in a bench trial, where he was not found guilty of Feloniously Pointing a Firearm but was convicted on another charge. He received a one-year prison sentence. Lynn argued that the trial court was wrong to convict him based on facts not presented in the original charges and that self-defense was not properly considered. He also contended that the gun found in a warrantless search should not have been used against him. The court looked at the record and saw that there was no big mistake in how the charge was presented, as Lynn admitted to having the gun. They did not agree with Lynn's claim that his mother's consent to the search was not voluntary, stating that he had no right to challenge the search. Therefore, they found no fault in how the trial court handled the case. Lynn further argued that he should be able to use self-defense as a reason for possessing the firearm. He wanted the court to allow a justification defense where a person can temporarily take a gun from an attacker to protect themselves. The court noted that other laws allow people to defend themselves, and it seemed unfair that a convicted felon could not defend their life. In the end, while the court could not change the outcome of the bench trial immediately, they remanded the case back to the district court to look at whether Lynn's self-defense claim could be valid in this situation. Thus, more hearings would be needed to determine the facts and make a final decision.

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F-2003-717

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In OCCA case No. F-2003-717, Paul Delmer Morgan appealed his conviction for Distribution of a Controlled Dangerous Substance (Cocaine). In an unpublished decision, the court decided to affirm Morgan's conviction but modified his sentence. One judge dissented. Morgan was found guilty and sentenced to life in prison and a $100,000 fine. He challenged his conviction by claiming there were six main problems with the trial. First, he argued that there was evidence shown to the jury about other crimes he committed, which he felt was unfair. Second, he said the judge should have told the jury how to use statements from a witness who had changed his story. Third, he thought the judge did not properly warn the jury about trusting the informant’s testimony. Fourth, he believed the fine he received was too high because of how the judge gave instructions to the jury. Fifth, Morgan thought that his sentence was too harsh. Lastly, he claimed that taken together, these errors made it impossible for him to have a fair trial. After reviewing everything, the court found that the evidence about the other crimes was closely connected to his current case, so it could be allowed. They also noted that Morgan did not object to it during the trial, which meant he could not easily argue against it now. Regarding the witness’s inconsistent statements, the court agreed that the judge should have explained this to the jury, but they ruled that it did not hurt Morgan's case. The informant's testimony was supported by other evidence, so the lack of instruction on that wasn't a problem. They also decided that the fine imposed on Morgan was too high. Instead of $100,000, they lowered it to the maximum allowed by law, which was $10,000. Finally, the court felt that a life sentence for selling a small amount of cocaine was too extreme, even with Morgan’s prior criminal record. They changed his sentence to 20 years in prison instead. In conclusion, while the court confirmed Morgan's conviction, they modified his sentence to 20 years and a $10,000 fine. However, one judge disagreed with modifying the sentence, believing that the jury had made the right decision based on the evidence they had.

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C 2002-1543

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In OCCA case No. C 2002-1543, Jeffrey Ellis Barnett appealed his conviction for second-degree rape. In an unpublished decision, the court decided to grant his petition for a writ of certiorari. One judge dissented. Barnett had pleaded guilty to second-degree rape in McClain County. He was then sentenced to ten years in prison, with five years of that sentence suspended according to a plea agreement. Later, Barnett wanted to withdraw his guilty plea and filed his own petition to get a new trial. The court looked at this as a motion to withdraw the guilty plea but denied his request. Barnett believed he was not helped properly by his lawyer when he tried to withdraw his guilty plea, which he said was against his right to have legal help. After reviewing the case and comparing it to a similar case from 1995, the court accepted his argument and agreed that he needed better legal representation to help him with withdrawing his plea. As a result, the court decided to send the case back to the trial court. They ordered that Barnett would have a hearing with a different lawyer to help him with his motion to withdraw the guilty plea.

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C-2003-983

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In OCCA case No. C-2003-983, the Petitioner appealed his conviction for Conspiracy to Possess Methamphetamine. In a published decision, the court decided to grant the petition for a writ of certiorari, allowing the Petitioner to withdraw his guilty plea. One judge dissented. The case started when the Petitioner was charged with a crime related to making methamphetamine, but he later changed his plea to guilty for a lesser charge. He was put into a special drug court program. However, when he did not follow the rules of the program, the state decided to terminate him. The Petitioner then agreed to the termination but wanted to go back on his guilty plea. During the hearings, the court looked carefully at whether the Petitioner had really made his guilty plea freely and with understanding. They found that the evidence provided to support the guilty plea was not strong enough. The Petitioner didn't have a preliminary hearing, and there was no testimony from his past lawyer to back up the plea. Because of these reasons, the court decided that the Petitioner should be allowed to withdraw his guilty plea and reversed the previous judgment.

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F 2003-442

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In OCCA case No. F 2003-442, the appellant appealed his conviction for multiple crimes including Conspiracy to Commit Robbery, First Degree Murder, Robbery with a Dangerous Weapon, and Possession of a Firearm by a Convicted Felon. In an unpublished decision, the court decided to reverse and remand two counts of Possession of a Firearm by a Convicted Felon, but affirmed the convictions on all remaining counts. One judge dissented, feeling that one conspiracy count and the robbery count should be upheld, while reversing the other counts.

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F 2003-364

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In OCCA case No. F 2003-364, El Alami El Mansouri appealed his conviction for multiple crimes including unauthorized use of a motor vehicle, attempted robbery, first-degree burglary, and kidnapping. In an unpublished decision, the court decided to affirm some convictions but reversed others. The court found that two of the infractions—kidnapping and pointing a firearm—should be dismissed due to double jeopardy. One judge dissented.

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F-2003-405

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In OCCA case No. F-2003-405, Clarence Edward Reed appealed his conviction for Unlawful Possession of Controlled Drug, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm Reed's conviction but modified his sentence to six years in prison instead of eight. One judge dissented on part of the decision.

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F-2003-719

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In OCCA case No. F-2003-719, Timothy Phipps appealed his conviction for Robbery With a Weapon, After Former Conviction of a Felony. In an unpublished decision, the court decided to affirm Appellant's conviction but modify the sentence. One judge dissented. Phipps was found guilty by a jury in the District Court of Muskogee County and was sentenced to fifteen years in prison, with five of those years suspended. The court found that the jury had been mistakenly instructed about the minimum punishment. They believed they were allowed to sentence him to a minimum that was not accurate due to his past conviction from Arkansas. Because of this mistake, the court changed his sentence to ten years in prison with five years suspended. The court carefully reviewed everything in the case and determined that the mistake about the punishment made a difference in how the sentence was decided.

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F 2003-443

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In OCCA case No. F 2003-443, Kenneth Linn Walker appealed his conviction for multiple serious crimes, including thirteen counts of First Degree Rape and nine counts of Forcible Oral Sodomy, among others. In an unpublished decision, the court decided to affirm most of the convictions but reversed one count related to Sexual Exploitation of a Child. One judge dissented. Walker was found guilty after a jury trial held in Oklahoma County. The judge sentenced him to a total of 300 years in prison. Walker raised several arguments in his appeal. First, he claimed that the court did not have the power to charge him because some of the accusations were too old and past the legal time limits for prosecution. The court decided that most of the charges were filed on time, but the one charge related to Sexual Exploitation of a Child was not. Walker also argued that he did not have enough time to prepare a proper defense and that he was not given a fair trial because some evidence was kept from him. However, the court found that the requirements for the charges were clear enough that he could adequately prepare for his defense. Regarding the evidence presented, Walkers’ lawyers contended that the witness testimonies should not have been enough to convict him. Nonetheless, the court ruled that the testimonies were credible and strong enough to support the convictions. In summary, the court upheld the majority of Walker's convictions but found that one charge was incorrectly handled because the legal time limit had passed. As a result, they reversed that specific charge while keeping the rest of the convictions intact.

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F-2003-505

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In OCCA case No. F-2003-505, the appellant appealed his conviction for Maintaining a Place for Keeping/Selling Controlled Substances. In an unpublished decision, the court decided that a new trial was required because the jury was not properly instructed about the elements necessary for a felony conviction. The appellant argued that the jury was not asked whether he knowingly or intentionally maintained a place for keeping controlled substances, which was important for the severity of the penalty. Thus, the decision to impose a five-year prison sentence and a fine of $10,000 exceeded what the law allowed. Therefore, the court reversed the appellant's conviction and sent the case back for a new trial. One judge dissented from this decision.

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C-2003-848

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In OCCA case No. C-2003-848, Todd Wayne McFarland appealed his conviction for Sexual Battery and Rape by Instrumentation. In an unpublished decision, the court decided to allow McFarland to withdraw his plea due to being denied effective assistance of counsel. One member of the court dissented. McFarland had entered a no contest plea after being told by his attorney that he could receive a deferred sentence. However, it turned out that he was not eligible for this type of sentence. McFarland argued that he would not have pleaded no contest if he had known the correct information. After reviewing all the records and evidence, the court agreed that McFarland’s attorney had given him incorrect advice and that this affected his decision to plead. Therefore, the court felt he should be allowed to change his plea.

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C-2003-399

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In OCCA case No. C-2003-399, Ronnie Lamar Coulter appealed his conviction for multiple counts including First Degree Rape and Assault with a Deadly Weapon. In a published decision, the court decided to affirm part of the original conviction while reversing the conviction for Count 12, which was for Assault with a Deadly Weapon. One judge dissented. Coulter had pleaded guilty to several serious crimes and was sentenced to a total of 200 years in prison. He later tried to withdraw his guilty plea, but the trial court denied this request. His appeal included complaints about the lack of a recorded sentencing hearing, the harshness of his sentence, and the validity of the Count 12 charge. The court found that Coulter had knowingly and voluntarily entered his plea and that the lack of a recorded hearing did not hinder his ability to appeal. The judges ruled that there wasn’t evidence to suggest that the sentencing was unfair or based on inappropriate information. However, Coulter's appeal concerning Count 12 was granted because the judges agreed that there was no basis for the charge since no battery had been committed as required by law. Thus, the court upheld most of the original convictions but reversed the one regarding Assault with a Deadly Weapon.

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M-2003-495

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In OCCA case No. M-2003-495, a person appealed his conviction for Assault and Battery. In a published decision, the court decided to affirm the conviction but noted that there was a mistake in calculating the court costs. The appellant claimed that the court costs were too high and asked to have them changed. The state agreed that an error was made in the amount of costs. The court ordered that the case be sent back to the District Court to fix the court costs. The appellant also argued that the prosecutor did things that were unfair during the trial, but the court found no reasons to change the verdict since there weren’t any objections during the trial. Therefore, the judgment and sentence were upheld.

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M-2003-513

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In OCCA case No. M-2003-513, the appellant appealed her conviction for resisting an officer and possession of marijuana. In an unpublished decision, the court decided to affirm the convictions but modify the fine for possession of marijuana. One judge dissented. The appellant was found guilty by a jury for two charges: resisting an officer and possession of marijuana. The incident happened when a truck driver reported a car driving erratically on a highway. When officers arrived, they found the appellant behind the wheel, showing signs of intoxication with the smell of alcohol and marijuana. Initially, the appellant was compliant, but she soon became aggressive and refused to cooperate with the officers. When they tried to arrest her, a struggle ensued, and the appellant physically fought with the officers. After getting her under control, the officers conducted a search of her vehicle and found marijuana. Later, while being booked at the jail, they discovered she had a marijuana cigarette in her pocket. The appellant believed her sentence of twenty months for the crimes was too harsh. She requested that they serve her sentences at the same time instead of one after the other. However, the court found that the sentences were reasonable and did not shock their conscience, so they decided to keep them consecutive. However, they agreed with the appellant that a fine of $1,000 imposed by the trial court was too high, as it exceeded what the law allowed. The maximum fine for the possession charge was actually $500 according to the law, so they reduced her fine to this amount. In summary, while the court upheld the appellant's conviction and the overall punishment, they made a small change to the fine amount.

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F-2002-1428

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In OCCA case No. F-2002-1428, Henry C. Flowers, Jr. appealed his conviction for False Declaration of Ownership to a Pawnbroker, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm Flowers' conviction but remand the case for resentencing. One judge dissented. Flowers was found guilty by a jury and sentenced to twenty years in prison. His appeal included two main points of error. The first point was that he believed there wasn't enough proof that he made a false declaration to a licensed pawnbroker. He argued that since the employee who helped him at the pawnshop was not a licensed pawnbroker, his actions should not count as a crime. However, the court explained that the law only requires the pawnshop owner to be licensed, not every employee. Therefore, the court felt there was enough evidence for the jury to decide that Flowers committed the crime. The second point raised by Flowers was about how the judge handled his sentence. The judge seemed unsure whether he could make Flowers' twenty-year sentence run at the same time as another sentence he already had. The court explained that judges do have the authority to run sentences concurrently and that not knowing this could be an abuse of discretion. Because of this, the case was sent back to the lower court for the judge to review the sentencing again. Overall, the court upheld Flowers' conviction but said the judge needs to reassess how to handle the sentences.

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