Trial Judge

F 2005-362

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In OCCA case No. F 2005-362, Pat Lee Richardson appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to affirm his conviction but modified his sentence. One judge dissented regarding the sentence modification. Pat Lee Richardson was found guilty of First Degree Manslaughter after a trial without a jury in Comanche County. He was sentenced to 35 years in prison. He appealed, arguing that he had a defense based on Oklahoma's Make My Day Law, which allows people to use force against intruders in their homes. Richardson claimed the victim was an intruder when he was stabbed. The court explained that the Make My Day Law applies only when someone enters a home, but the victim was standing on the porch, not inside the house. Therefore, Richardson could not use that law as a defense. The court also noted that stabbing the victim a second time while he was on the ground was not justified. Richardson argued that his lawyer did not provide good assistance by not presenting the Make My Day Law defense. However, the court believed this did not affect the outcome of his trial since the law did not apply to his case. He also argued that his actions were justifiable as self-defense. The court stated that there was no evidence to show that he was in danger at the moment he stabbed the victim, considering the victim presented no serious threat. Lastly, Richardson argued that his 35-year sentence was too harsh. The court agreed and modified his sentence to 20 years, feeling that the original sentence was shocking and too severe when taking into account certain factors of the case. Overall, the court upheld the guilty verdict but decided to reduce the prison time that Pat Lee Richardson would have to serve.

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C-2005-524

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In OCCA case No. C-2005-524, Robert Scott Pebbles appealed his conviction for First Degree Rape. In a published decision, the court decided to grant his appeal and allow him to withdraw his guilty plea. One judge dissented. Pebbles had pled guilty to the charge as part of a plea agreement and was given a five-year suspended sentence. However, he later claimed that his attorney pressured him into pleading guilty. He stated that he did not understand the requirements of his probation and was misled about the possible consequences of his plea, including a misunderstanding of the maximum punishment for his crime. During a hearing about his motion to withdraw the plea, Pebbles testified that his attorney had told him he could face the death penalty for the rape charge. The court found that the plea was not entered knowingly or voluntarily because Pebbles had been misadvised about the range of punishment. The U.S. Supreme Court had ruled that the death penalty for rape was unconstitutional, which means Pebbles could not face such a punishment. The court reviewed affidavits from attorneys involved in the case that supported Pebbles' claim of being misadvised. The Attorney General acknowledged Pebbles was indeed not eligible for the death penalty for rape. As a result of these findings, the court decided that Pebbles' guilty plea should be withdrawn. The case was sent back to the lower court for further proceedings.

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M 2005-0332

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In OCCA case No. M 2005-0332, the appellant appealed his conviction for reckless driving. In a published decision, the court decided to modify the conviction from reckless driving to speeding due to insufficient evidence of reckless behavior. One judge dissented. The case started when the appellant received a traffic ticket for speeding, going 90 mph in a 65 mph zone. The traffic stop occurred on a dry day with moderate traffic. The officer who stopped the appellant said he did not see anything dangerous other than the speeding. The appellant was guilty of speeding, but the state argued that speeding was enough to prove reckless driving. For reckless driving, the law requires showing that someone acted with culpable negligence, which means the behavior must be more than just speeding. The court cited past cases that supported this idea, indicating that simply going over the speed limit is not automatically reckless driving. The state claimed that because there were other cars on the road and the appellant passed an intersection, that made the speeding reckless. However, the appellant pointed out that while he was speeding, he did not engage in reckless behavior that would endanger others. Another issue in the case was that the trial judge asked a witness about intersections but did not allow the appellant to ask the witness questions afterward. The court found that this was a mistake because everyone has the right to question witnesses against them. In the end, the court decided that while the appellant was guilty of speeding, there wasn't enough evidence for the reckless driving charge. They changed the conviction to speeding, removed the reckless driving sentence, and sent the case back to the lower court to decide the proper punishment for speeding.

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F 2003-1084

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In OCCA case No. F 2003-1084, #1 appealed his conviction for #2. In an unpublished decision, the court decided #3. #4 dissented. In this case, Darrell Robert Johnson was found guilty of trafficking illegal drugs and unlawful possession of drug paraphernalia. The jury gave him a life sentence without the chance for parole for the first charge, and a fine for the second charge. He was unhappy with the way the trial went and believed mistakes were made that affected the outcome. One of the key mistakes he pointed out was that the jury had trouble reaching a unanimous decision. During their discussions, it became clear that one juror was not convinced of Johnson's guilt. The juror felt pressured by the others to change his mind, which made the situation problematic and unfair. This juror expressed confusion about the deliberation process in notes to the judge, which should have led to clearer instructions being given. The judge talked to the jurors about what deliberation meant but did not provide the specific charge that addresses situations where juries are stuck. This is typically done to ensure jurors understand they shouldn't feel forced to give in just to agree and go home. After discussing their options, the jury still couldn't agree, and the judge sent them back to deliberate further without giving a proper instruction. Eventually, the jury reached a verdict, but one juror said it wasn’t his honest opinion that the defendant was guilty. The judge had to decide if they could accept that verdict or if they needed to keep discussing. The court found that sending the jury back without the proper instruction was a mistake that affected Johnson's right to a fair trial. It was determined that the pressure on the juror likely influenced his decision to agree with the group. In the end, the court decided that because the jury had not been properly instructed, Darrell's convictions should be reversed. The case was sent back for a new trial. This means that the mistakes made during the trial could not be allowed to stand, and Darrell Johnson deserved another chance to prove his side in court. The judges had differing opinions on this decision, with some agreeing and some disagreeing on whether the trial was managed correctly. One judge believed that the trial judge handled the situation well and didn’t see a reason to reverse the ruling. However, the majority of the court found the errors significant enough to require a new trial.

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M 2004-0742

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In OCCA case No. M 2004-0742, the appellant appealed his conviction for driving while under the influence of intoxicants and failure to wear a seat belt. In a published decision, the court decided to reverse the decision and dismiss the case. One judge dissented. The case involved an appellant who was stopped by a police officer for not wearing a seat belt. The officer did not see the appellant driving erratically. However, the officer noticed that the appellant smelled like beer and had bloodshot eyes. The appellant told the officer he had consumed three or more beers, but the officer did not ask how long ago he had been drinking. During the trial, it became clear that the judge did not properly define what under the influence meant according to the law. The judge misunderstood that for someone to be considered under the influence, their ability to drive must be affected. This misunderstanding is very important because it means the trial didn't follow legal rules which are necessary for a fair judgment. Because of the mistake in understanding the law, the court decided that the evidence wasn't enough to support the appellant's conviction for driving under the influence. As a result, they overturned the conviction and directed the lower court to dismiss the case. This means that the appellant's conviction is no longer valid, and there will be no punishment against him for the charges.

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M-2002-1146

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In OCCA case No. M-2002-1146, Michael Lee Vickery appealed his conviction for unlawful possession of marijuana, possession of paraphernalia, and driving under suspension. In a published decision, the court decided to affirm the convictions but modified the sentences to three months of incarceration, giving credit for time served. One judge dissented regarding the modification.

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F-2002-24

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In OCCA case No. F-2002-24, Tomas Mendiola Bernal appealed his conviction for maintaining a place for keeping or selling drugs and three counts of delivering and distributing cocaine. In an unpublished decision, the court decided to reverse the conviction for maintaining a place for selling drugs and ordered a new trial for that charge, but affirmed the convictions and sentences for delivering and distributing cocaine. One member of the court disagreed with some parts of the decision.

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C-2003-298

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In OCCA case No. C-2003-298, Edward Charles Scott appealed his conviction for Distribution of Controlled Dangerous Substance and Conspiracy to Distribute Controlled Dangerous Substance. In a published decision, the court decided to affirm the denial of the motion to withdraw guilty pleas and remand the case for resentencing. One member of the court dissented. Edward Charles Scott was charged with two counts of distributing drugs and one count of conspiring to distribute drugs in Stephens County. On November 19, 2001, he pleaded guilty to all charges and was sentenced to 40 years in prison for each count, with the sentences running at the same time, and he was also fined $2,500 for each count. Scott later filed a Motion to Withdraw the Plea, claiming that his lawyer did not help him properly. He had a hearing on this motion, but the court refused his request. Scott also filed other motions seeking to remove his guilty pleas and sought help for an appeal later on. The court allowed him an appeal out of time after concluding that his lawyer had not filed the appeal correctly. Scott raised several points in his appeal. He argued that the trial court should have given him a new lawyer when he claimed his lawyer wasn’t doing a good job. He also believed he should be allowed to take back his guilty pleas because he didn’t understand everything. He felt his prison sentence was too long and suggested the trial court did not check if he was really able to understand what he was pleading guilty to. Lastly, he argued that there was not enough proof that he was guilty of conspiracy. After reviewing everything, the court decided Scott did not show that his lawyer had a real conflict of interest. There was no evidence that Scott did not understand what he was doing when he pleaded guilty, as he admitted his guilt during the processes. The court noted that being unhappy with the length of his sentence was not a valid reason to withdraw a guilty plea. The court found some mixed statements about whether Scott was sentenced as a repeat offender or a first-time offender. These inconsistencies meant the case needed to go back to the lower court for a new sentencing. While the court thought the original inquiry into Scott’s mental competence could have been better, the records showed he was capable of understanding his charges and the guilty pleas he entered. The court also confirmed that there was a sufficient factual basis for the conspiracy plea. In the end, the court agreed with some points but decided Scott's case needed to return for resentencing due to the unclear basis for his sentence, even as they upheld the rejection of his motion to withdraw his guilty pleas.

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F 2001-999

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In OCCA case No. F 2001-999, Eric Jackson Davis appealed his conviction for multiple sexual offenses. In an unpublished decision, the court decided to affirm most of his convictions but reversed one of them due to lack of sufficient evidence. One member of the court dissented regarding the decision on sentencing. Davis was found guilty by a jury of five counts of First Degree Rape, two counts of Lewd Molestation, and one count of Forcible Oral Sodomy. The trial took place over three days, and the jury decided on punishments ranging from ten to fifty years for the various counts. The judge announced that Davis's sentences would be served one after the other, known as consecutive sentences. Davis raised three main issues on appeal. First, he argued that there was no evidence proving that a sexual act occurred in the case of the Forcible Oral Sodomy charge, and therefore he asked for that conviction to be overturned. Second, he claimed that there was insufficient evidence for one of the rape counts and wanted it dismissed as well. Lastly, he argued that receiving a total of two hundred forty years in prison was too severe. After looking at the facts and evidence from the trial, the court found that most of the convictions were supported by enough evidence. However, they agreed that one rape conviction should be reversed because the prosecution did not present enough proof to support that specific charge. The court did not find merit in the argument about the Forcible Oral Sodomy conviction. Regarding the sentence, the court acknowledged that different factors should be considered when deciding if a sentence is too harsh. While they found the trial judge's refusal to consider running the sentences at the same time was wrong, they stated that the judge's personal views about sex crimes against children influenced that decision. Therefore, the case was sent back to the lower court for resentencing, but the main convictions were upheld. In summary, the court upheld the majority of Davis's convictions and ordered the court below to reconsider how the sentences were issued, while they reversed one specific conviction due to a lack of evidence. One judge disagreed with the need for a new sentencing hearing, believing that the consequences should remain as they are given the serious nature of the crimes.

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C-2002-652

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In OCCA case No. C-2002-652, the petitioner appealed his conviction for multiple offenses, including Second Degree Burglary, First Degree Burglary, Kidnapping, Larceny of an Automobile, and Robbery with a Weapon. In an unpublished decision, the court decided to grant the petitioner's appeal in part by modifying some of his sentences. However, the court affirmed the convictions and sentences for the other offenses. One judge dissented from the decision.

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F-2001-503

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In OCCA case No. F-2001-503, Derrick L. Jethroe appealed his conviction for Robbery with a Firearm. In an unpublished decision, the court decided to affirm his conviction but modify his sentence to twenty years imprisonment. One judge dissented.

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F-2001-211

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In OCCA case No. F-2001-211, Sherl D. Batise appealed his conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the judgment and sentence, meaning Batise will continue to serve his time in prison. One judge dissented. Batise was found guilty by a jury and was sentenced to thirty-five years in prison. He argued in his appeal that he did not have good legal help during his trial, that his punishment was too harsh, and that the court did not properly decide how much money he should pay in restitution to the victim. The court looked closely at Batise's claims. They found that he could not prove that having better legal help would have changed the outcome of his trial. They also thought that a thirty-five-year sentence was appropriate, especially since Batise had prior felony convictions, including serious crimes. The court explained that a long sentence was justified given the severity of his actions, which involved attacking someone with a machete. Regarding the restitution, the court agreed with Batise that the trial judge did not follow the right steps when deciding how much money he should pay to the victim. The judge was supposed to take into account whether Batise could afford to make those payments without causing serious hardship to him or his family, and he also needed clear evidence of how much the victim lost. Since this was not done correctly, the court decided to vacate the restitution order and sent the case back to the trial court for further review. In summary, Batise’s conviction was upheld, meaning he remains in prison, but the order about how much he should pay the victim was canceled, and that will be re-evaluated by the trial court.

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C-2001-665

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In OCCA case No. C-2001-665, the petitioner appealed his conviction for indecent exposure. In a published decision, the court decided to grant the petitioner the ability to withdraw his guilty plea and vacate his conviction. One judge dissented. The petitioner, who had been originally charged with three counts of sexual abuse of a minor child, reached a plea agreement where the charges were reduced. He pled guilty to the lesser offense of indecent exposure and received a 20-year prison sentence, which was the minimum possible. Later, he wanted to withdraw his guilty plea, claiming that he had been misled about the prison time he would actually serve. He argued that he was incorrectly informed he would have to serve 85% of his sentence if he went to trial, which was not true for his case. The court found that the misinformation affected his decision to plead guilty even though he had also given contradictory statements during the hearings. The court ultimately ruled that because he was misinformed, his guilty plea was not entered knowingly and voluntarily. As a result, his conviction was vacated, and he was allowed to withdraw his plea.

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RE 2001-0663

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In OCCA case No. RE 2001-0663, #1 appealed his conviction for #2. In a published decision, the court decided #3. #4 dissented. In this case, the Appellant had previously pled guilty to unauthorized use of a motor vehicle, possession of cocaine, and possession of drug paraphernalia. As a result, the Appellant was given a suspended sentence of five years for the first two counts and a one-year suspended sentence for the third count. A suspended sentence means that the person does not have to serve time in jail unless they break the rules. Later, the State wanted to take back the suspended sentences because they believed the Appellant broke the rules. They filed an application for revocation, and a hearing was held. The judge decided to revoke the five-year suspended sentences for the first two counts but found that the one-year sentence for the third count had already expired. The judge also ordered that the new sentences would run consecutively with any new cases the Appellant might have. This means that the Appellant would serve time for the revocation and also for any new offenses afterward without merging those sentences. However, the Appellant appealed this decision, arguing that the judge did not have the authority to order the five-year sentences to run consecutively with new cases. The higher court agreed with the Appellant's argument and said the judge made a mistake in this part of the decision. The court affirmed the revocation of the Appellant's suspended sentences but modified the sentence to remove the part about running consecutively. This means the Appellant would still be punished for breaking the rules, but they wouldn't have to serve their new sentences one after the other in this case. The court instructed the lower court to update the judgment to reflect this change. In summary, while the Appellant's suspended sentences were revoked, the way the new sentences were to be served was changed. The final decision supported the revocation, but clarified the terms of the punishment.

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F-2000-1531

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In OCCA case No. F-2000-1531, Thomas Paul Richardson appealed his conviction for First Degree Manslaughter and Unlawful Possession of a Controlled Drug. In a published decision, the court decided to affirm most of the convictions but modified the sentence for the drug possession charge to ten years. One judge dissented. Richardson was tried by a jury, found guilty of both crimes, and received a life sentence for manslaughter, twenty years for drug possession, and a ten-day jail term for speeding. The sentences were to be served one after the other. He raised several arguments about his trial and sentencing, including claims that his rights were violated and that he was given an unfair sentence. The court reviewed his claims and agreed that he was incorrectly sentenced for the drug possession charge, as the maximum penalty should have been ten years, not twenty. However, the court found no significant problems with other aspects of the trial, including the admission of certain testimonies and the conduct of the prosecutor. They believed the errors did not change the outcome or harm Richardson's chances for a fair trial. Overall, the court decided to lessen Richardson’s drug sentence while keeping the other convictions intact.

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F-2000-282

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In OCCA case No. F-2000-282, Sidney Wayne Clark appealed his conviction for Larceny of Merchandise from a Retailer and Placing Bodily Fluids on a Government Employee. In a published decision, the court decided to modify Clark's sentence for Count I to one year in the County Jail and for Count II to one year imprisonment, with both sentences to run consecutively. One judge dissented.

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