Victims Compensation Assessment

F-2021-49

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In OCCA case No. F-2021-49, the Appellant appealed his conviction for using a vehicle to facilitate intentional discharge of a weapon, assault and battery with a deadly weapon, and feloniously pointing a firearm. In a published decision, the court decided to affirm the conviction for using a vehicle to facilitate the discharge of a firearm and for pointing a firearm but reversed and remanded the conviction for assault and battery with a deadly weapon with instructions to dismiss. One judge dissented regarding the interpretation of the statutes involved.

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C-2013-254

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In OCCA case No. C-2013-254, Gina Diane Eslick appealed her conviction for multiple drug-related charges. In an unpublished decision, the court decided to grant her petition for certiorari, meaning they agreed to look at her case closely. The court found that she did not have effective help from her lawyer when she tried to change her guilty plea, as her lawyer had a conflict of interest. The court ordered that her case be sent back to the District Court so she could have a new hearing with a lawyer who did not have a conflict. No one dissented in this decision.

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C-2015-573

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In OCCA case No. C-2015-573, Jeremy Ross Wilson appealed his conviction for Escape from the Department of Corrections. In a published decision, the court decided to modify Wilson's sentence. One judge dissented. Jeremy Ross Wilson was an inmate who escaped from a work center. He was arrested later and faced charges for his escape. He pleaded guilty and was given a long sentence, but he later wanted to take back his guilty plea. His motion to do so was denied, and he appealed that decision. The case included a problem with how the state used Wilson's past felony convictions. The law says you cannot use the same prior convictions to charge someone with a crime and to make the punishment worse for that crime. The state did that with Wilson, using five of his past felonies to both charge him and to increase his punishment. Because of this, the court found that Wilson had been given a harsher sentence than what was allowed by law. The main question was whether Wilson had entered his guilty plea voluntarily and intelligently. It was found that he had. However, the court also decided that the sentence needed to be corrected. Wilson's lawyer did not challenge the state's use of the prior felonies, which was seen as ineffective help. As a result, the court modified Wilson's sentence to a shorter term of seven years instead of fifteen. Wilson would also have to be supervised for a year once released and pay fines. The court affirmed the decision to deny his request to withdraw his guilty plea but changed the length of his sentence.

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F-2015-194

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In OCCA case No. F-2015-194, Jarrod Demar Mansker appealed his conviction for Domestic Assault and Battery, Second Offense, after two or more felonies. In an unpublished decision, the court decided to affirm Mansker's conviction but remand the case for resentencing to consider his request for credit for time served. One judge dissented.

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F-2014-580

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In OCCA case No. F-2014-580, Christopher M. Turner appealed his conviction for Indecent or Lewd Acts with a Child under Sixteen. In an unpublished decision, the court decided to affirm his convictions and sentences but vacate the Victims Compensation Assessment and remand the case for a full hearing to properly consider the required factors related to the assessment. One judge dissented.

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F-2011-1019

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In OCCA case No. F-2011-1019, Timmy Howard Dickey appealed his conviction for Child Sexual Abuse. In an unpublished decision, the court decided to modify his conviction to Incest instead. Two judges dissented. Timmy Howard Dickey was tried by a jury and found guilty of Child Sexual Abuse. The trial occurred in the District Court of Caddo County, and the judge sentenced him to 5 years in prison. Dickey was charged with having sex with his 17-year-old niece, B.D. The charges came to light when B.D. reported to the police that Dickey had raped her. Dickey's main argument on appeal was about the definition of a person responsible for the health, safety, or welfare of a child. He claimed that the court didn't have enough evidence to show that he was in a position of responsibility for B.D. at the time of the incident, which was necessary for a conviction of Child Sexual Abuse according to the law. The court agreed with Dickey’s argument, stating that there wasn't enough proof that he was a custodian as defined by the law. The law categorized those responsible for a child’s welfare, and the court found that Dickey did not fit into these categories like parents or legal guardians do. Since the legal definition of custodian requires formal authority granted by a court, and Dickey did not have such authority, the court found his conviction for Child Sexual Abuse could not stand. Even though they found insufficient evidence for that specific charge, the court acknowledged that Dickey did commit a serious crime against B.D. They indicated that it would be more fitting to change his conviction to Incest, recognizing that Dickey admitted to having consensual sex with B.D. during an interview after the incident. Ultimately, the court decided to change Dickey's conviction from Child Sexual Abuse to Incest but kept the sentence at 5 years of imprisonment. The decision was made to send a strong message about the seriousness of the crime. In conclusion, Dickey's charge was modified to recognize the seriousness of his actions, but technically, he was incorrectly charged at first. The judges had different opinions on the case, with two of them disagreeing with the court's decision to alter the conviction.

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C-2012-714

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In OCCA case No. C-2012-714, the petitioner appealed his conviction for larceny of merchandise from a retailer and resisting an officer. In a published decision, the court decided to affirm the conviction for larceny but to reverse and remand the conviction for resisting an officer. One member of the court dissented. The case began when Darrell Odell Golden was charged with stealing merchandise from a department store and for resisting arrest after being approached by law enforcement. Golden stole items valued over $1,000, and when police tried to arrest him, he ran away. Golden pled guilty to both charges but later wanted to withdraw his plea, arguing that he was confused about his possible sentence and that he did not understand the charges properly. The court found that while Golden’s plea for larceny was valid, his plea for resisting an officer lacked evidence of the required force or violence, which is necessary to support that charge. Therefore, the court allowed him to withdraw his guilty plea for that particular count but upheld his conviction for larceny. Ultimately, the decision meant that Golden will keep his larceny conviction and its associated penalties, but the charge of resisting an officer was overturned, allowing for further legal proceedings on that matter.

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F-2010-267

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In OCCA case No. F-2010-267, James Lyman Mahaffey appealed his conviction for Assault & Battery with a Deadly Weapon, Kidnapping, and Possession of Firearm After Conviction. In a published decision, the court affirmed the convictions but modified the sentences to be served concurrently instead of consecutively. One judge dissented. Mahaffey was accused and found guilty of serious crimes against his wife, including assault and kidnapping. The trial took place in the District Court of Grady County. After the jury convicted him, the judge sentenced him to life in prison for the assault, 10 years for the kidnapping, and 6 years for possession of a firearm, all lined up to be served one after the other, or consecutively. Mahaffey asked to represent himself during the trial, which means he wanted to defend himself without a lawyer. He argued that the court should not have allowed him to do this because he didn't clearly understand the risks involved in self-representation. However, the court decided that he was competent to represent himself and had made an informed decision. They had warned him that representing himself could be risky and could lead to mistakes that might change the outcome of the trial. During the trial, Mahaffey raised some claims against the prosecutor's behavior. He argued that the prosecutor acted unfairly by making comments that may have influenced the jury. For instance, Mahaffey claimed the prosecutor misrepresented the meaning of a life sentence and made other comments that distracted from the trial's fairness. However, the court concluded that while there were some mistakes made by the prosecutor, they were not serious enough to change the outcome of the case concerning his guilt. Despite this, the court found that the conduct during sentencing raised concerns about the fairness of the sentencing itself. The jury specifically asked about how the sentences would be served, indicating they were worried about the total time Mahaffey would spend in prison. Because of this, although Mahaffey’s convictions were upheld, the court changed the sentences to allow them to be served concurrently, meaning all the prison time would be served at the same time rather than one after the other. Ultimately, the court's decision meant Mahaffey would still have to serve his time, but the way his sentences were structured was altered to be less severe. The case was sent back to the lower court to fix the official documents to reflect that change in sentencing.

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F-2009-998

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In OCCA case No. F-2009-998, Frye appealed his conviction for Sexual Abuse of a Child, Procurement of Child for Pornography, and Possession of Child Pornography. In an unpublished decision, the court decided to affirm Frye's convictions and sentences but ordered the removal of a $1,000 fine that was imposed without jury authorization. One judge dissented regarding the trial court's handling of voir dire questioning.

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F-2008-438

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In OCCA case No. F-2008-438, Marcus Laquine Petty appealed his conviction for Assault and Battery with a Dangerous Weapon and Domestic Assault and Battery. In an unpublished decision, the court decided to affirm the judgment and sentence of the District Court, but found that a hearing was needed regarding the amount of the Victim's Compensation Assessment. Two members of the court dissented regarding the second count of the conviction.

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F-2007-616

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In OCCA case No. F-2007-616, Donald and Tanya Dorr appealed their convictions for various drug-related charges. In a published decision, the court decided to reverse and dismiss all of their convictions. One judge dissented. Donald Dorr was found guilty of growing and possessing marijuana, carrying a firearm as a felon, and possessing drug paraphernalia. He received a 20-year prison sentence and other fines. His wife, Tanya Dorr, was convicted of marijuana cultivation and possession, receiving a suspended sentence and a fine. The Dorrs argued that the police searched their property illegally. They raised several issues about the search, including that it was based on observations from a helicopter without a warrant, and that their consent to search the property was not given freely. The court found that the initial observation from the helicopter did not violate their rights, as the police were allowed to look from the air. However, the Dorrs raised valid points about the lack of a search warrant. The court noted that police did not show there was immediate danger that required them to act quickly without a warrant. The officers had enough time to get a search warrant after spotting the marijuana. The court also considered the circumstances under which Donald Dorr gave consent to search. They found that the large presence of armed officers, along with a helicopter overhead, likely made it challenging for Dorr to give genuine consent. The judges decided that the officers acted inappropriately by not seeking a warrant and that the consent given was not voluntary. Since the evidence obtained from the search was considered illegal, the court concluded that all charges against the Dorrs should be dismissed. This decision rendered the other arguments made by the Dorrs unnecessary. Therefore, all convictions against Donald Dorr and Tanya Dorr were reversed and dismissed.

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F 2003-816

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In OCCA case No. F 2003-816, John Carl Fike appealed his conviction for possession of cocaine, possession of methamphetamine, and possession of marijuana. In a published decision, the court decided that his conviction for possession of methamphetamine should be reversed and dismissed, but the convictions for possession of cocaine and marijuana were upheld. One member of the court dissented. John Carl Fike was tried and found guilty by a jury for having cocaine, methamphetamine, and marijuana. He was sentenced to five years in prison for cocaine and methamphetamine, with fines, and six months in jail for marijuana, also with a fine. Fike argued that the roadblock where he was stopped was not legal, that he was held unlawfully, and that evidence against him was not properly handled. He also felt his punishments were too harsh and there were multiple errors during his trial that made it unfair. The court looked at these claims. They determined that the roadblock was done correctly. They said that Fike was not held unlawfully and that the evidence was accepted correctly, so those claims didn't change the outcome. However, they found that Fike could not be punished for both cocaine and methamphetamine under the law, which is called double jeopardy. So, they reversed the conviction for methamphetamine. The other sentences were deemed acceptable by the court, which also said he was treated fairly in regards to his trial. Overall, the court upheld the convictions for possession of cocaine and marijuana but ended the conviction for methamphetamine. One judge disagreed with this decision, believing that the stop and search of Fike were not done properly.

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RE-2003-933

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In OCCA case No. RE-2003-933, the appellant appealed his conviction for abandonment. In an unpublished decision, the court decided to reverse the revocation of the suspended sentence. One judge dissented. The case started when the appellant was found guilty of abandoning his child by not paying court-ordered child support. He owed nearly $10,000 in unpaid support for his ten-year-old daughter. After initially being sentenced to five years in prison, his sentence was later changed to a suspended sentence of about four years and eight months. This meant he would not go to prison immediately and could work on paying the support he owed. The appellant was required to get a job, do community service, and make monthly payments towards his child support. However, he fell behind on these payments, and the court eventually issued a warrant for his arrest because of this failure to pay. Over the next couple of years, the court continued to postpone his sentencing. The appellant managed to pay some of his arrears, but he still owed money. By 2003, the court revoked his suspended sentence, saying he had not met the payment requirements. After reviewing the case, the appellate court found that the appellant's suspended sentence actually ended before the revocation took place. The court explained that even though he had missed a payment, the revocation occurred after his sentence had technically expired, which was different from the usual rules. Because of this, the court decided to reverse the revocation and said the case must be dismissed.

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C-2002-1136

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In OCCA case No. C-2002-1136, the Petitioner appealed his conviction for Possession of a Stolen Vehicle and Eluding a Police Officer. In a published decision, the court decided to grant the petition in part, vacating the trial court's order regarding restitution and remanding for a restitution hearing. One Judge dissented.

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F-2001-934

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In OCCA case No. F-2001-934, Guy Franklin Randell appealed his conviction for Lewd Molestation. In a published decision, the court decided to affirm the judgment but remand the matter for further proceedings regarding certain fees. One judge dissented. Randell was found guilty in a bench trial, meaning a judge, not a jury, decided his case. He was sentenced to twenty years in prison, with five years of that suspended, which means he won’t have to serve those five years if he meets certain conditions. He also had to pay a fine and other costs related to his court case. Randell raised several arguments on appeal. He claimed that the testimony of the victim was not reliable and needed more support to be believed. The court looked at the evidence and decided that while there were some inconsistencies in the victim's statements, they were still enough to uphold the conviction. He also challenged the costs that were added to his sentence, particularly the fees for his time in jail. The court concluded that even though the prosecution had requested these fees, there was not enough evidence to support how they were calculated. Therefore, the court decided to remove those specific fees and send the case back for a hearing to figure out the correct costs. In summary, the court upheld Randell’s conviction but disagreed with some financial aspects of his sentencing, which will be reassessed in the lower court.

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C-2001-1216

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In OCCA case No. C-2001-1216, Jessica Melissa Woods appealed her conviction for Injury to a Minor Child. In an unpublished decision, the court decided to affirm the district court's denial of her application to withdraw her guilty plea. One judge dissented. Jessica entered a blind plea of guilty, which means she admitted her guilt without a deal or agreement. The trial judge sentenced her to twenty years in prison but suspended ten years of that sentence, which allowed her to not serve that time unless she got in trouble again. Jessica later wanted to take back her guilty plea because she felt her mental condition affected her decision. She asked the court to let her do this, but the court said no. They looked at her case and decided that she had entered the plea knowingly and willingly, meaning she understood what she was doing when she agreed to plead guilty. Jessica also wanted help with paying certain fees, including for restitution (money paid to victims), a Victim's Compensation Assessment, and a fee for preparing transcripts (written records of court proceedings). The court found that she did not have enough evidence to change the orders about the payments for restitution and the Victim's Compensation Assessment, so that part was not changed. However, they agreed to modify the fee for the transcript since the court had said she was too poor to pay for it herself. In the end, the court decided that Jessica would still have to deal with the twenty years of sentencing, but it would change the transcript preparation fee to a lower amount. They confirmed the earlier court's decision and denied her request to change her plea.

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F-2001-759

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In OCCA case No. F-2001-759, Joe Nathan Stargell appealed his conviction for Injury to a Minor Child. In a published decision, the court decided to affirm the judgment but remand the matter for a hearing on the Sheriff's Fees. One judge dissented regarding the length of the sentence, suggesting it should be reduced to three years.

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RE-2001-887

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In OCCA case No. F-2001-687, the appellant appealed her conviction for Uttering Two or More Bogus Checks Exceeding $50.00. In an unpublished decision, the court decided to remand the matter for further findings of fact and conclusions of law. One judge dissented. The case began in 1995 when the appellant entered a plea of Nolo Contendere, which means she did not admit guilt but accepted the punishment for the crime. She was found guilty of writing bad checks to a grocery store, and her sentence was put on hold for five years, during which she had to pay restitution and other costs. However, she violated her probation by not making payments or reporting to her probation officer, leading to the state requesting her sentence be enforced in 1999. On May 23, 2001, the court found the appellant had violated her probation and sentenced her to one year in jail. She was also ordered to pay restitution for her bad checks, but the total amount was very high compared to the checks she admitted writing. The appellant argued that she should not have to pay such a large amount of restitution because she was not convicted of all the other related checks that contributed to that total. There were many checks between different years, and she felt the court had made an error by imposing restitution for checks she never had to answer for in court. Additionally, the appellant felt that the court had not looked into whether she could afford to pay the restitution without hardship to herself or her family. The court had different amounts recorded for restitution over time, which contributed to her confusion regarding what she owed. Also, when she was jailed, the appellant thought the fees for her time in jail were unfair and more than the actual cost of her incarceration. She claimed that the costs were not justified by evidence and that no one checked if paying these fees would create a financial burden for her. The court recognized the problems she raised about her case, particularly regarding her obligation to pay the reported costs and restitution without proof they were correct or fair. They decided that the lower court needed to review everything again: why the appellant was ordered certain restitution, if she could afford to pay it, and what the correct amounts should be. In summary, the court referred the case back to the lower court to have them investigate these issues further. The goal was to ensure that the appellant's rights were protected and that the law was being correctly applied.

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F-2001-687

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In OCCA case No. F-2001-687, #1 appealed his conviction for #Uttering Two or More Bogus Checks Exceeding $50.00. In an unpublished decision, the court decided #the case should be remanded for further findings of fact and conclusions of law. #2 dissented. Summary: The appellant, a person accused of writing bad checks, entered a plea in 1995 but later faced problems with following court rules. She was supposed to pay money back for the checks she wrote, but she didn't pay all of it. Over the years, the state said she had not done what she needed to do, like meeting with a probation officer and paying fees. As a result, her sentence was changed and she spent time in jail. The appellant had two cases against her. The first case involved writing four bad checks totaling $140, but she was told to pay back over $6,000, which she felt was too much. She argued that the court should not make her pay for other checks she wasn't charged with. The second case involved her admitting guilt for a poor check and being given jail time that was suspended, meaning she wouldn't go to jail unless she misbehaved. But the state also said she didn’t follow the rules connected to this case. During the hearings, the court decided she had broken the rules, leading to her jail time and fees. The key issues in her appeal were whether she should pay restitution for other checks and whether the amounts charged were fair. The court found that the records were unclear, so they sent the case back to get more facts about how much she really owed and if she could pay it back without it being a big problem for her or her family. The court needed to figure out three main things: why she had to pay for checks she wasn't charged with, if she could pay without hardship, and the correct amount she actually owed. The other point brought up was whether the fees for being in jail were too high and if the way those fees were charged followed the law. In conclusion, the court said the lower court needs to look at these issues again to make sure everything is fair.

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F-2000-821

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In OCCA case No. F-2000-821, Mitchell Lawrence Rose appealed his conviction for Solicitation of First Degree Murder. In a published decision, the court decided to affirm the judgment but vacate the sentence and remand the case for resentencing. One judge dissented.

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