F-2005-649
In OCCA case No. F-2005-649, Alfred Gene Ryan appealed his conviction for First Degree Rape and Lewd Molestation. In an unpublished decision, the court decided to affirm his convictions but modified the sentences to run concurrently instead of consecutively. One judge dissented in part. Ryan was found guilty in the District Court of Kay County, where a jury sentenced him to 20 years in prison for the rape charge and 10 years for the molestation charge, along with fines for both counts. The key points of his appeal focused on several alleged errors during his trial, including issues related to custody status during police questioning, hearsay testimony, the trial court’s handling of jury instructions, the admission of other crimes evidence, and claims of ineffective counsel. The court reviewed all the claims made by Ryan, including whether the trial court made mistakes by allowing certain evidence or testimony, and whether he received a fair trial. After considering the arguments and the entire record, the court did not find any major errors that would require a reversal of his conviction. The court stated that Ryan was not in custody when he spoke to law enforcement, which meant that his statements to them were properly admitted. They also ruled that the hearsay testimony from child victims was allowable and did not violate Ryan’s rights. The court acknowledged that there were instances of improper evidence admitted concerning other crimes but determined that these did not significantly impact the verdict concerning his guilt. Regarding jury instructions, the court agreed that Ryan should have been informed about the 85% rule, which might have affected the length of time he would serve. Therefore, they modified his sentences to run concurrently instead of consecutively, leading to a total time served being lessened. Overall, while the court affirmed the convictions, it recognized certain shortcomings in how the trial was conducted which justified modifying how the sentences were structured.