SENTENCE, EXCESSIVE

Adkins, James Elliot Jr. v. State, COCA Case No. RE-2013-409 (July 1, 2014)
(Revocation/Acceleration Decision; Sentence, Excessive) Revocation affirmed but remanded for entry of order deleting denial of good time credits.

Airehart, Jeffrey v. State, COCA Case No. F-2006-850 (October 19, 2007)
(Drug Court; Sentence, Excessive) Termination from Drug Court based on violations for which Appellant had been previously sanctioned was improper. Appellant ordered reinstated into Drug Court.

Alexander, Jacquelin Clariece v. State, COCA Case No. RE-2010-457 (October 21, 2011)
(Revocation/Acceleration; Sentence, Excessive) Trial court lost jurisdiction to revoke sentence in Count 2 because sentence had expired before the State filed the application to revoke.

Baldwin, Billy Joe v. State, COCA Case No. RE-2001-1070 (July 31, 2002)
(Excessive Sentence; Revocation. Revocation exceeded original terms of sentence. Suspended sentences had been ordered to run concurrently. On revocation, sentences ordered to run consecutively. Sentences modified to run concurrently.)

Bales, Roy Carl Jr. v. State, COCA Case No. F-2006-780 (May 23, 2007)
(Jury Instructions, Misleading/Confusing; Sentence, Excessive) Sentence for Unauthorized Use of Vehicle modified from 6 to 3 years because jury was incorrectly instructed on the range of punishment.

Barry, Michael Lee v. State, COCA Case No. F-2002-324 (June 25, 2003)
(Sentence - Excessive) Sentence imposed for misdemeanor was outside the statutory range. Modified from one year to six months.

Beauchamp, Darell Ray v. State, COCA Case No. C-2011-469 (February 13, 2013)
(Guilty Plea Decisions; Sentence, Excessive; Ineffective Assistance of Counsel) Certiorari granted where defendant was misadvised regarding sentence by defense counsel.

Bennett, Harry v. State, COCA Case No. RE-1988-1478, (Nov. 19, 1999)
(Revocation, Excessive Sentence, exceeded statutory maximum)

Birmingham, Joe Lee v. State, COCA Case No. F-2008-214 (March 13, 2009) (Sentence, Excessive) Trial court’s failure to sufficiently instruct the jury, specifically 85% rule, was prejudicial. Sentences modified.

Blackwell, Mario Lereko v. State, COCA Case No. RE-2014-96 (June 2, 2015)
(Sentence, Excessive; Revocation/Acceleration Decisions; Youthful Offender) Credit toward an adult sentence for time served as a Youthful Offender in OJA custody is mandatory. Remanded to determine amount of time to be credited day for day.

Blades, Natalie v. State, COCA Case No. RE-2005-1032 (July 26, 2006) (Sentence, Excessive; Revocations) Sentences originally ordered to be served concurrently, were revoked to be served consecutively. Remanded to run sentences concurrently.

Boehn, Thomas v. State, COCA Case No. C-1999-595, (Dec. 2, 1999)
(Guilty Plea, Knowing and Voluntary, error in punishment)

Boles, Michael v. State, COCA Case No. RE-2000-1010, (March 28, 2001)
(Revocation, Excessive Sentence, exceeded statutory maximum)

Bonomelli, James Robert v. State, COCA Case No. F-2004-161 (November 15, 2005)
(Sentence, Excessive) Consecutive sentences modified to be served concurrently, reducing total sentence imposed from 100 years to 40 years.

Boomershine, Danny Joe v. State, COCA Case No. F-2002-101 (January 23, 2003)
(Sentence - Excessive) Aggregate consecutive sentence of 600 years is excessive. Sentences modified to run concurrently.

Boone, Marguerietta v. State, COCA Case No. RE-2001-0663 (February 11, 2002)
(Revocation / Excessive Sentence)

Bradberry, Daniel Wesley v. State, COCA Case No. RE-2013-635 (July 9, 2014)
(Revocation/Acceleration; Abuse of Discretion; Sentence, Excessive) Abuse of discretion to revoke life sentences in full for the type of violations alleged, the most important being a failure to report. Revocation order modified to ten years.

Bradley, Warren Brian v. State, COCA Case No. F-2014-46 (March 25, 2015)
(Sentence, Excessive) Error to admit exhibits showing more than one conviction arising out of a single transaction for enhancement. Sentence modified to twenty years.

Bratcher, Allen Eugene v. State, COCA Case No. F-2009-794 (April 22, 2011)
(Prosecutorial Misconduct; Sentence, Excessive) Prosecutor’s statements during his second closing were improper appeals for sympathy for the victim...the remarks provided a foundation for the request6 of a 70 year sentence, which COCA also deemed "excessive." Sentence modified to 30 years.

Bray, Derlon Antwon v. State, COCA Case No. RE-2007-0517 (February 4, 2008)
(Sentence, Excessive) Sentence revoked exceeded the original sentence imposed.

Brazell, Reginald Lamond v. State, COCA Case No. F-2004-767 (May 23, 2006) (Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Sentences modified.

Briggs, Glenn Dale v. State, COCA Case No. RE-2014-238 (April 21, 2015)
(Abuse of Discretion; Sentence, Excessive; Revocation/Acceleration Decisions) Abuse of discretion to impose post-imprisonment supervision in revocation when not part of the original sentence. Post-imprisonment supervision vacated.

Brockelsby, Rudy Leon v. State, COCA Case No. RE-2006-0260 (April 12, 2007)
(Revocation/Accelerations; Sentence, Excessive) Time initially served, and time served as an "intermediate sanction" must be deducted from the original suspended sentence. Sentence must credit for all time served during the period of the suspended sentence.

Brown, Antoine v. State, COCA Case No. O-1998-435, 436, 437, (July 9, 1999)
(Revocation, Sentence, consecutive vs. concurrent)

Brown, Jeffrey v. State, COCA Case No. F-2000-771, (Aug. 6, 2001)
(Affirmed, but error found in refusal to consider concurrent sentences because defendant had exercised right to trial).

Brown, Kevin Maurice v. State, COCA Case No. F-2011-407 (April 29, 2013)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Conviction and sentence for two counts for possession of the same handgun, and the evidence did not show that the possession was discontinuous. One conviction reversed with instructions to dismiss.

Brown, Sherman v. State, COCA Case No. MA-2001-117, (July 3, 2001)
(Double Jeopardy, Sentencing, Death Penalty, Retrial)

Bruton, John v. State, COCA Case No. F-1999-807, (July 6, 2000)
(Sentence, legality)

Bryant, Michael Don v. State, COCA Case No. F-2011-1054 (March 8, 2013)
(Sentence, Excessive) Remanded for nunc pro tunc so that J&S reflects credit for time served and to change name of offense.

Bryson, Jeffrey v. State, COCA Case No. RE-2000-0392, (Feb. 16, 2001)
(Revocation, Excessive Sentence, exceeded statutory maximum)

Buckley, Daniel v. State, COCA Case No. F-2000-0310, (April 6, 2001)
(Revocation, Sentence, consecutive vs. concurrent)

Bumgarner, Kevin Eddy v. State, COCA Case No. F-2002-484 (March 31, 2003)
(Sentence - Excessive) Court finds 275 years for 1^st Degree Arson AFCF to be excessive "where there was neither loss of life nor injury." Sentence modified to 45 years.

Budder, Keighton Jon v. State, COCA Case No. F-2010-555 (October 24, 2011)
(Sentence, Excessive) Error to sentence a juvenile to life without parole for non-homicidal crimes. Counts for First Degree Rape modified to life.

Burdex, Elgret Lorenzo v. State, COCA Case No. F-2010-914 (April 26, 2012)
(Sentence, Excessive) Court’s conscience shocked by life sentence for five-time felon convicted of one count of uttering a forged instrument. Sentence modified to 20 years.

Burke, Alfred Jr. v. State, COCA Case No. F-2009-15  (November 20, 2009)
(Evidence, Other Crimes; Sentence, Excessive) Admission of propensity evidence under section 2413 was abuse of discretion in this case, requiring modification.

Burns, Emily v. State, COCA Case No. C-2005-311 (June 29, 2006) (Sentence, Excessive) Twenty-five year sentence for armed robbery, without consideration of significant mitigating factors, shocked the conscience of the court. Sentence modified to ten years.

Byrd, Kirk Douglas v. State, COCA Case No. F-2004-1080 (January 20, 2006)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) DUI sentence modified from 20 years to 10 years. Jury was misinstructed on the range of punishment.

Calhoun, Steven James v. State, COCA Case No. RE-2004-593 (May 17, 2005)
(Revocation; Sentence, Excessive) Revocation of suspended sentence in full, without credit for time already served, is excessive.

Campbell, Billy Ray v. State, COCA Case No. RE-2009-239 (December 8, 2010)
(Revocation/Acceleration Decisions; Sentence, Excessive) District Court’s order revoking the suspension orders in full and allowing the sentences to be served consecutively resulted in an excessive sentence. Sentences modified to be served concurrently.

Campbell, Crystal Dawn v. State, COCA Case No. C-2002-1525 (September 3, 2003)
(Sentence - Excessive) Conviction for enabling child abuse affirmed but sentence modified from 25 years to 10 years, "in the interest of justice."

Carpenter, Jeffrey Leroy v. State, COCA Case No. RE-2006-1322 (March 18, 2008)
(Youthful Offender; Sentence, Excessive) Appellant charged as a Youthful Offender but sentenced as an adult. Failure to sentence as a Youthful Offender was plain error and constituted an illegal sentence. Remanded with instructions to vacate because defendant was too old to be treated in the Youthful Offender programs and because jeopardy had attached.

Carroll, Bryan Matthew v. State, COCA Case No. F-2004-1182 (May 18, 2006)  (Double Jeopardy/ Double Punishment; Sentence, Excessive; Jury Instructions, Misleading/Confusing) Convictions for Failure to stop at Stop Sign and Attempting to Elude violate statutory prohibition against double punishment. Evidence insufficient to show A&B with Dangerous Weapon because there was no evidence that Appellant had the required intent to do bodily harm. Mere possession of glass device with only the trooper’s opinion it could be used for smoking drugs is insufficient. Counts reversed with instructions to dismiss. Jury not properly instructed on range of punishment for speeding, sentence modified.

Carroll, Marco Lamonte v. State, COCA Case No. F-2010-495 (April 4, 2012)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Conviction for Using a Vehicle to Facilitate Intentional Discharge of Firearm and conviction for Second Degree Murder, in the commission of Using a Vehicle to Facilitate the Intentional Discharge of a Firearm violate constitutional protections from double jeopardy. Non-murder count reversed with instructions to dismiss.

Casey, Eddie Ray Jr. v. State, COCA Case No. RE-2010-403 (August 17, 2011)
(Sentencing, Excessive; Revocation/Acceleration Decisions) Remanded for an order nunc pro tunc to show that sentences were to be served concurrently, not consecutively.

Caudill, Gary Don v. State, COCA Case No. F-2002-708 (March 6, 2003)
(Sentence - Excessive) District Court lacked authority to impose a sentence greater than that recommended by the jury. Sentence modified to that imposed by the jury.

Ceasar, Torrez v. State, COCA Case No. F-2010-558 (November 14, 2011)
(Evidence, Sufficiency; Sentence, Excessive) Conviction for Possession CDS with Intent modified to Possession. State urged that quantity of drugs alone could support element of intent to distribute; majority disagreed. Absent any other evidence of intent to distribute, conviction had to be modified.

Cervantes, Antonio Herman v. State, COCA Case No. F-2012-1131 (May 8, 2014)
(Sentence, Excessive) Remanded for judgment and sentence to conform to oral pronouncement and requiring dismissal of a judgment and 40-year sentence for an acquitted count.

Champlain, Robert Bradley v. State, COCA Case No. F-2014-1078 (August 11, 2016)
(Sentence, Excessive; Statutory Construction) Post-imprisonment supervision imposed at sentencing vacated because does not apply to sentences of Life or Life Without Parole.

Chance, Lonnie Sie v. State, COCA Case No. F-2010-1123 (September 23, 2011)
(Fines, Fees and Costs; Prosecutorial Misconduct; Sentencing, Excessive; Evidence, Other Crimes) Error in the introduction of prior J&S and "pen pack" with improper references to pardon and parole combined with prosecutor’s argument was plain error requiring modification. Misdemeanor sentence modified because it was not subject to enhancement. Remanded for restitution hearing to determine actual loss.

Chapman, Shawn R. v. State, COCA Case No. F-2001-1165 (November 14, 2002)
(Sentence - Excessive) Total sentence of 480 years imprisonment shocks the Court's conscience. Three 150 year sentences were modified to Life imprisonment.

Cheadle, Darrell Antonio v. State, COCA Case No. F-2004-1271 (January 11, 2006)
(Sentence, Excessive) A total of 6,000 years determined excessive.

Ciancio, Gary Patrick v. State, COCA Case No. F-2011-568 (December 7, 2012)
(Sentence, Excessive; Ineffective Assistance of Counsel; Evidence, Other Crimes) Affirmed but sentence modified due to trial counsel IAC for not objecting to other crimes evidence.

Clemons, Jerry Lynn v. State, COCA Case No. RE-2016-1019 (February 23, 2018)
(Revocations/Accelerations; Sentence, Excessive) Revocation sentences modified to run concurrently, as ordered in the original sentencing agreement.

Coburn, Todd v. State, COCA Case No. F-2001-10, (Nov. 13, 2001)
(Sentence, evidence of prior conviction improperly admitted in second stage)

Collins, Mark Stephen v. State, COCA Case No. RE-2013-887 (September 10, 2014)
(Revocation/Acceleration Decisions; Abuse of Discretion; Sentence, Excessive) Ordering post-imprisonment supervision that extends beyond the expiration of suspended sentence, is an abuse of discretion. Remanded to vacate post-imprisonment supervision.

Conner, Joseph Dewayne v. State, COCA Case No. C-2012-686 (June28, 2013)
(Guilty Plea Decisions; Sentence, Excessive) Petitioner misadvised of punishment range before entering plea. Certiorari granted in misadvised count.

Conroy, Michael Ralph v. State, COCA Case No. F-2006-1282 (August 21, 2008)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Failure to instruct on 85% rule required new sentencing hearing.

Copeland, James Lee Jr. v. State, COCA Case No. F-2009-236 (March 25, 2010)
(Sentence, Excessive) Affirmed but remanded for nunc pro tunc to strike from the J&S the following language: "the defendant is to serve 85 percent of his sentence" because attempt offense was not an 85 percent crime.

Cox. James Curtis v. State, COCA Case No. F-2016-55 (January 31, 2017)
(Sentence, Excessive; Evidence, General) Sentences modified to run concurrently in child sexual abuse case because trial court improperly considered contested victim impact evidence.

Cox, Joseph Leonard Jr. v. State, COCA Case No. C-2013-309 (February 11, 2014)
(Guilty Plea Decisions; Sentence, Excessive) Remanded to correct Judgment and Sentence to reflect credit for time served to conform with oral pronouncement of sentence.

Cox, Juston Dean v. State, COCA Case No. RE-2006-0482 (June 23, 2008)
(Revocation/Acceleration; Sentence, Excessive) Sentences originally concurrent, but revoked to be served consecutively. Remanded with directions to be served as originally ordered.

Crowell, Wilburn Shawn v. State, COCA Case No. RE-2013-0672 (April 18, 2014)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocation reversed with instructions to dismiss because district court lacked jurisdiction to revoke on application filed after expiration of suspended sentence.

Cruz, Jamie v. State, COCA Case No. F-2007-200 (June 5, 2008)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Failure to properly instruct on range of punishment is plain error warranting relief. Court found that Section 1123 controlled over Section 51.1. Remanded for resentencing.

Cruz, Santos Ramon v. State, COCA Case No. F-2011-671 (February 20, 2013)
(Sentence, Excessive) Remanded for nunc pro tunc so that J&S reflects credit for time served.

Cully, Daniel Wayne v. State, COCA Case No. RE-2015-844 (August 17, 2016)
(Sentence, Excessive; Statutory Construction) Post-imprisonment supervision imposed at revocation vacated because sentence imposed prior to statutory provision allowing.

Davis, Eric Jackson v. State, COCA Case No. F-2001-999 (October 18, 2002)
(Evidence - Sufficiency; Sentence - Excessive) One count of rape reversed and remanded with instructions to dismiss due to insufficient evidence; remaining counts affirmed but remanded for re-sentencing because the trial court refused to consider all sentencing options (i.e. concurrent sentences).

Davis, Robert Glenn v. State, COCA Case No. F-2005-901 (December 8, 2006)
(Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Sentence modified.

Davis, Tamara Marine v. State, COCA Case No. F-2005-1193 (March 27, 2007)
(Sentence, Excessive) Sentence modified for Accessory to Murder under the "shock the conscience" standard.

Delaney, Bryan Thomas v. State, COCA Case No. F-2013-732 (February 19, 2015)
(Sentence, Excessive) Plain error to sentence to two-year term of post-imprisonment supervision. Sentence modified to one year post-imprisonment supervision.

DeLeon, Tomas, COCA Case No. F-2003-959 (November 24, 2004)
(Sentence, Excessive) Affirmed, but the trial court’s notation "Special Condition - No good time" under the special rules and conditions of probation portion of the Judgment and Sentence were stricken as it exceeded the trial court’ s authority.

Detrick, Jay v. State, COCA Case No. F-1999-311, (Feb. 14, 2000)
(Sentence, Excessive, First Degree Rape)

Dinkins, Raynard Emory v. State, COCA Case No. RE-2006-180 (April 23, 2007)
(Revocation/Accelerations; Sentence, Excessive) Trial court erred in specifically excluding credit for time previously served under the sentence. Sentence modified.

Dixon, Kedrin Ray, COCA Case No. F-2019-310 (Dec. 10, 2020) (Jury Instructions, Misleading / Sentence, Excessive) Sentence for sexual battery afc modified from 20 years to 10 years because jury was erroneously instructed on the range of punishment.

Dotson, Kent R. v. State, COCA Case No. F-2013-801 (August 13, 2014)
(Sentence, Excessive) Term of post-imprisonment supervision modified because it exceeded the statutory maximum.

Dowdy, Emily Michelle v. State, COCA Case No. F-2004-427 (January 26, 2007)
(Evidence, General; Sentencing, Excessive) Error for trial court to admit prejudicial hearsay evidence. Sentence modified.

Downs, Eric Dewayne v. State, COCA Case No. RE-2010-293 (June 22, 2011)
(Sentence, Excessive; Revocation/Acceleration) Sentence on revocation exceeded remaining balance of suspended sentence.

Dorsey, Jr., James Duane v. State, COCA Case No. C-2011-651 (February 8, 2012)
(Sentence, Excessive) Trial court imposed sentence greater than that authorized by statute. Sentence modified.

Drew, William Earl v. State, COCA Case No. F-2005-651 (July 14, 2006) (Sentence, Excessive; Jury Instructions, Other) Plain error occurred when trial court failed to instruct on the 85% rule. Sentences modified.

Duckett, Brian Anderson v. State, COCA Case No. RE-2004-812 (October 3, 2005)
(Revocation/Acceleration Decisions; Sentence, Excessive) State cannot permanently extend a defendant’s suspended sentence simply by failing to hold a sentencing hearing after an application to revoke has been filed and the defendant has either confessed the application or the District Court finds the application has merit. Indefinite postponement of a defendant’s sentencing pursuant to an application to revoke cannot extend the expiration time for a suspended sentence. Remanded with instructions to dismiss.

Durant, Kevin Wayne v. State, COCA Case No. RE-2007-323 (June 25, 2008)
(Revocation/Acceleration; Sentence, Excessive; Evidence, Sufficiency) Insufficiency of the evidence presented at trial on new case precluded a finding that suspended sentence should be revoked.

Dykes, Russell Dewayne. v. State, COCA Case No. F-2002-1035 (September 12, 2003)
(Sentence - Excessive) Sentences exceeded the maximum term allowed by statute.

Eddings, Matthew Carl v. State, COCA Case No. RE-2014-0536 (August 4, 2015)
(Revocation/Acceleration Decisions; Sentence, Excessive) Order for post imprisonment supervision remanded to be vacated because not included in original J&S.

Eddy, Roger Allen Jr. v. State, COCA Case No. F-2001-336 (April 12, 2002)
(Double Jeopardy/Double Punishment; Excessive Sentence; Jury Instructions- misleading/confusing; Simultaneous convictions for manufacturing and possession of methamphetamine; possession of precursor substance violated double punishment. Convictions for possession of precursor and methamphetamine reversed and remanded with instructions to dismiss. Sentence for possession of firearm modified; jury erroneously instructed on range of punishment.)

Edwards, Debbie v. State, COCA Case No. F-2010-431 (April 19, 2011)
(Revocation/Acceleration Decisions; Sentence, Excessive) Concurrent sentences revoked to run consecutively require remand for resentencing.

Elkins, Terry Lyn v. State, COCA Case No. F-2017-950 (February 7, 2019)
(Evidence, General; Sentence, Excessive) Remanded for re-sentencing after presentation and admission of improper and irrelevant evidence.

Ellison, Walter v. State, COCA Case No. RE-2000-1034, (March 15, 2001)
(Revocation; Error to issue new Judgment and Sentence upon revocation)

Estes, Tina A. v. State, COCA Case No. F-2004-939 (September 27, 2005)
(Jury Instructions, Misleading/Confusing; Sentence, Excessive) Jury improperly instructed on the appropriate range of punishment for one count constitutes plain error, impacting all sentences. Sentences modified.

Etchieson, Lee Ann v. State, COCA Case No. C-1998-1242, (Aug. 5, 1999)
(Guilty Plea, Knowing and Voluntary, error in punishment range)

Evans, Jim v. State, COCA Case No. F-2008-531 & M-2008-532 (October 22, 2009)
(Drug Court; Sentence, Excessive) Felony Drug Court termination affirmed. Misdemeanor revocation vacated because sentence had improperly been extended beyond original term of a year; subsequent revocation invalid.

Evans, Marvis v. State, COCA Case No. F-2007-848 (December 19, 2008)
(Double Jeopardy/ Double Punishment; Sentence, Excessive) Simultaneous convictions for robbery with firearms and pointing a firearm violated prohibition against double punishment.

Evans, Rodney Dennis v. State, COCA Case No. F-2008-1066 (March 11, 2010)
(Jury Instructions, Misleading/Confusing; Sentence, Excessive) Trial court misinstructed jury on minimum sentence. Sentence modified.

Ezell, James Ricky III v. State, COCA Case No. F-2001-637 (June 13, 2002)
(Abuse of discretion for the trial court to have a policy of ordering sentences to run consecutive without considering concurrent sentences. Remanded for resentencing.)

Farris, Christi Marie v. State, COCA Case No. RE-2003-86 & 87 (February 11, 2004)
(Revocation/Acceleration; Sentence - Excessive) Sentences modified to be served concurrently as originally imposed.

Farris, Nikisha v. State, COCA Case No. C-2000-750, (Feb. 5, 2001)
(Guilty Plea, Excessive Sentence)

Feaster, Clifford v. State, COCA Case No. C-2003-1342 (May 28, 2004)
(Guilty Plea Decisions; Sentence, Excessive) Judgment and Sentence modified to correctly reflect judgment imposed.

Fields, Ernie v. State, COCA Case No. RE-2000-1209, (January 7, 2002)
(Revocations affirmed, but revocation of 9 years of kidnapping sentence exceeded the maximum sentence available; remanded for order nunc pro tunc reflecting maximum possible sentence of 7 years.)

Fields, Jimmy Lee v. State, COCA Case No. RE-2015-765 (October 11, 2016)
(Revocation/Acceleration Decisions; Sentence, Excessive) Affirmed but remanded for correction to eliminate language reflecting imposition of post-incarceration supervision, which was not part of original sentence, nor part of the oral pronouncement at the revocation hearing.

Finley, Felix IV v. State, COCA Case No. F-2004-682 (May 1, 2006)  (Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Remanded for resentencing.

Fleming, David Lynn v. State, COCA Case No. F-2012-1014 (February 11, 2014)
(Sentence, Excessive; Prosecutorial Misconduct) Sending unredacted judgments and sentences to the jury was error. Sentence modified to 30 years.

Fletcher, Brian Keith v. State, COCA Case No. C-2016-1000 (November 2, 2017)
(Guilty Plea Decisions; Sentence, Excessive) Sentence imposed exceeded statutory maximum. Sentence modified.

Flowers, Andruss Lee v. State, COCA Case No. F-2006-1242 (January 15, 2008)
(Evidence, Sufficiency; Sentence, Excessive) Evidence of drug quantity possessed insufficient to support trafficking. Conviction modified to lesser offense of Possession with Intent to Distribute. Sentence modified.

Franklin, Gordon Fife v. State, COCA Case No. F-2005-228 (April 5, 2007)
(Evidence, Sufficiency; Sentence, Excessive) Conviction for Cruelty to Animals reversed with instructions to dismiss. Evidence insufficient to show animal was "cruelly" injured or suffered a high degree of pain. Excessive sentences for other offenses modified; too much information regarding prior convictions.

Fontenot, Teddy Lynn v. State, COCA Case No. RE-2017-149 (September 6, 2018)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocation order modified to remove imposition of post-imprisonment supervision.

Ford, Leslie v. State, COCA Case No. RE-2019-522 (August 13, 2020) (Revocation/Acceleration Decisions; Sentence, Excessive) Revocation order issued improperly revoked more time than remained on the original sentence. Remanded to correct order to reflect proper amount of time revoked.

Ford, Willie Lee Sr. v. State, COCA Case No. RE-2013-1177 (January 8, 2015)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocation sentence reversed for proper sentencing order. Revocation order extended sentence beyond the original sentence.

Frost, Anthony Joseph v. State, COCA Case No. F-2004-1305 (May 18, 2006) (Sentence, Excessive; Jury Deliberations) Jury was improperly influenced by information on prior offenses relating to time served vs. actual sentence. Sentence modified.

Fryar, Gerald Lamar v. State, COCA Case No. F-2004-1217 (November 23, 2005)
(Sentence, Excessive) Twenty year sentence for walking away from a work center was so disproportionate as to shock the conscience of the Court. Modified to 10 years.

Fultz, Roger Dale v. State, COCA Case No. RE-2001-0351 (January 25, 2002)
(Sentences originally ordered to run concurrently erroneously revoked to run consecutively. State confessed error.)

Ford, Frank v. State, COCA Case No. M-2000-230, (Jan. 8, 2001)
(Sentence, cannot impose more than jury verdict)

Gallaway, Ronald Dean v. State, COCA Case No. M-2009-1146 (November 18, 2011)
(Sentence, Excessive) Trial court did not include recommended treatment options in sentencing as required by Section 761(D). Remanded for resentencing.

Galletly, William "Bill" v. State, COCA Case No. M-2007-0560 (May 7, 2009)
(Sentence, Excessive) Conviction for splitting government contracts (to avoid competitive bid process) reversed and dismissed because prohibition did not include criminal penalties at time offense was alleged.

Ganis, Sarah Lynne v. State, COCA Case No. F-2004-293 (July 14, 2005)
(Sentence, Excessive) Appellant’s sentence excessive under facts. All counts modified to run concurrently.

Gardner, Isaac v. State, COCA Case No. F-2005-1161 (March 15, 2007)
(Sentence, Excessive) Sentence modified under Anderson rule requiring instruction on the 85 percent rule.

Garrett, Rodney Lamont v. State, COCA Case No. F-2003-976 (September 17, 2004)
(Sentence, Excessive) Sentence for conspiracy to traffic and attempted trafficking modified from 20 years (with 10 years suspended) running concurrently to 10 years on each count to be served concurrently because appellant was not eligible for a suspended term.

Gay, Michael Wayne v. State, COCA Case No. RE-2002-1245 (August 15, 2003)
(Sentence - Excessive) Sentence greater than the statutory maximum.

Gessel, Shaun Lee v. State, COCA Case No. RE-2007-0484 (August 1, 2008)
(Sentence, Excessive; Revocation/Acceleration Decisions) Revocation order improperly directed sentences originally concurrent to run consecutive.

Gibson, Curtis Dale v. State, COCA Case No. F-2006-905 (April 10, 2008)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Trial court’s failure to instruct on the statutory 85% limit on parole eligibility was plain error. Remanded for resentencing.

Gibson, Delbert L. v. State, COCA Case No. F-2006-854 (September 13, 2007)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Jury was misinstructed that it was obligated to return an LWOP sentence if it found both prior convictions existed. Sentence modified.

Goodwin, Lela Mae v. State, COCA Case No. RE-2013-885 (September 30, 2014)
(Revocation/Acceleration Decisions; Statutory Construction; Sentence, Excessive) Remanded to strike the post-imprisonment supervision imposed after revocation because that statute was not in effect at the time of original sentencing.

Graham, David Michael v. State, COCA Case No. F-2006-429 (April 23, 2007)
(Restitution; Sentence, Excessive) Restitution orders were not supported by any evidence. Jury should have been instructed on 85% rule. Sentence modified.

Graham, Kenshari Andre v. State, COCA Case No. F-2014-1100 (February 12, 2016)
(Evidence, Other Crimes; Sentence, Excessive) Admission of evidence of other crimes was error, harmless as to guilt/innocence, but affecting sentence. Remanded for resentencing.

Greenlow, James Curtis v. State, COCA Case No. RE-2012-0575 (July 10, 2013)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocation affirmed but remanded for modification of sentences that exceeded the statutory maximum.

Grimland, Brandon J. v. State, COCA Case No. F-2002-855 (August 14, 2003)
(Sentence - Excessive) Prosecutor improperly injected parole into jury’s sentencing decision. Sentence modified from 100 years’ imprisonment to 25 years’ imprisonment.

Green, Amy Michelle v. State, COCA Case No. F-2002-9 (November 19, 2002)
(Evidence - General; Sentence - Excessive) The probative value of highly inflammatory evidence was far outweighed by the danger of unfair prejudice and resulted in the imposition of the maximum sentence. Sentence modified from 10 years to 6 years for possession of CDS.

Greenwood, Kasondra D. v. State, COCA Case No. F-2017-1053 (January 31, 2019)
(Drug Court; Fines, Fees and Costs; Sentence, Excessive) Drug Court termination affirmed but remanded to vacate $500 fine assessed at termination because not included in the original plea into drug court.

Grimmett, Steven Leon v. State, COCA Case No. C-2018-225 (May 9, 2019)
(Guilty Plea Decisions; Sentence, Excessive) Denial of Motion to Withdraw Plea affirmed but remanded to vacate post-imprisonment incarceration that was not part of the oral pronouncement of sentence in open court.

Haas, Sammy Dewain v. State, COCA Case No. F-2001-785 (June 5, 2002)
(Sentence. Trial court directed to modify the Court's Minute to show that Appellant's sentences were ordered to run concurrently.)

Hackler, Michael Wayne v. State, COCA Case No. RE-2003-397 (May 4, 2004)
(Sentence, Excessive; Revocation) Revocation affirmed but J&S to be corrected to reflect actual sentence imposed.

Hackney, Wynee v. State, COCA Case No. F-1999-699, (April 19, 2000)
(Revocation, excessive sentence)

Hailey, Herbert Edsel, II v. State, COCA Case No. F-2003-802 (December 3, 2004)
(Information, Defective; Sentence, Excessive) Sexual Exploitation count (Life sentence) reversed and dismissed because statute defining crime did not exist at the time the acts were committed. Possessing Obscene Material count modified to lesser crime and sentence modified from 20 years and $25,000 fine to 5 years and $5,000 fine because charged under a general statute rather than a specific statute. Three other sentences modified because the sentences imposed exceeded the statutory maximum.

Hamilton, Jason Dayton v. State, COCA Case No. RE-2016-218 (June 8, 2017)
(Revocation/Acceleration Decisions; Sentence, Excessive) Post-imprisonment supervision unauthorized and vacated because imposed for first time at revocation hearing.

Hamilton, Wendell v. State, COCA Case No. F-2003-1259 (November 7, 2003)
(Sentence - Excessive) Trial court’s decision to run 11 life sentences consecutively shocks the conscience of the court. Sentences modified to run concurrently.

Hampton, Aaron Perry v. State, COCA Case No. C-2007-554 (February 13, 2008)
(Sentence, Excessive) Remanded for all sentences ordered to be served concurrently.

Harjo, Earnest Cheparney v. State, COCA Case No. RE-2013-261 (February 19, 2014)
(Revocation/Acceleration Decisions; Sentence, Excessive) Error to revoke suspended sentence based on violations for which he had already been punished. Reversed.

Harjo, Jonathan Dwight v. State, COCA Case No. F-2004-1261 (May 16, 2006) (Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Sentences modified.

Harris, Andrew Lee v. State, COCA Case No. F-2012-916 (July 29, 2013)
(Sentence, Excessive; Evidence, Other Crimes; Due Process) Improper evidence and argument concerning probation deprived defendant of due process rights to a fair jury sentencing. Sentence modified.

Heard, David Glen v. State, COCA Case No. F-2014-478 (September 3, 2015)
(Sentence, Excessive) Order for post imprisonment supervision remanded to be vacated because crime committed before that provision was enacted.

Henderson, Todd Aaron v. State, COCA Case No. RE-2012-590 (August 14, 2013)
(Revocation/Acceleration Decisions; Sentence, Excessive) Application to Revoke filed one day after the sentence expired reversed with instructions to dismiss.

Hervey, Steven Dewayne v. State, COCA Case No. F-2008-127 (May 11, 2009)
(Drug Court; Sentence, Excessive) Termination affirmed. Remanded for District Court to vacate termination and imposition of J&S for one of the counts that had been dismissed in the plea negotiations.

Herndon, Phillip Ray v. State, COCA Case No. F-2009-70 (November 3, 2009)
(Sentence, Excessive) Judgment and Sentence did not reflect order to be served concurrently as ordered by trial court. Remanded for correction.

Hernandez-Montanez, Juan Carlos v. State, COCA Case No. C-2010-287 (December 21, 2010)
(Sentence, Excessive; Guilty Plea Decisions) Sentence imposed exceeded the maximum allowed. Sentence modified.

Hibdon, William D. v. State, COCA Case No. F-2008-1043 (December 4, 2009)
(Search and Seizure; Evidence, General; Sentence, Excessive) Trial court should have sustained motion to suppress; public safety exigent circumstances did not exist. Reversed and remanded for further proceedings.

Holbrook, John Dale v. State, COCA Case No. F-2004-433 (July 15, 2005)
(Sentence, Excessive) Court finds sentence imposed excessive under the circumstances of the case. Sentence modified.

Holmes, Aaron M. v. State, COCA Case No. F-2013-668 (August 26, 2014)
(Prosecutorial Misconduct; Sentence, Excessive) Plain error found when prosecutor improperly instructs jurors about prior suspended sentences. Sentence modified from life to thirty years.

Holland, Darrell Spencer v. State, COCA Case No. RE-2014-371 (January 6, 2016)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocation affirmed but remanded to modify sentence to actual amount of time suspended.

Hubbard, Ronald Lavel v. State, COCA Case No. F-2005-392 (July 7, 2006) (Sentence, Excessive) Trial court abused its discretion in choosing to run sentences consecutively. Sentences modified to be served concurrently

Hubbell, James Benjamin v. State, COCA Case No. F-2001-1230 (September 4, 2002)
(Evidence - Other Crimes; Sentence - Excessive.) Prison records introduced during 2^nd Stage contained irrelevant and prejudicial information. Sentence modified.

Huff, Sheri Denise v. State, COCA Case No. RE-2002-174 (November 6, 2002)
(Fines, Fees & Costs; Sentence - Excessive) Improper to add incarceration fees at time of revocation; fees vacated. Sentences modified to run concurrently instead of consecutively.

Hulsey, Charlie v. State, COCA Case No. RE-2000-841, (Feb. 8, 2001)
(Revocation, consecutive vs. concurrent)

Hurst, Anthony Marnette v. State, COCA Case No. F-2006-191 (October 10, 2007)
(Sentence, Excessive; Jury Instructions, Other) Jury should have been instructed on applicability of 85% rule. Remanded for re-sentencing.

Jackson, Andrell v. State, COCA Case No. RE-2012-0848 (August 15, 2013)
((Revocation/Acceleration Decisions; Sentence, Excessive) The record does not show there was a previously imposed suspended sentence to be revoked. Revocation order vacated.

Jay, Justin Michael v. State, COCA Case No. RE-2013-1027 (January 8, 2015)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocation sentence reversed and remanded to reduce time to be served to include time previously served and to remove post-incarceration supervision because statute was not in effect at time of original sentencing.

J.C.T. v. State, COCA Case No. J-2013-87 (November 22, 2013)
(Youthful Offender; Excessive Sentence) Youthful offender guilty plea received 12 year suspended sentence if did not complete treatment program. After new charges, defendant bridged to DOC for 12 years. Appeal argued that sentence should have remained suspended pending further charges. Sentence modified to suspended.

Jethroe, Derrick L. v. State, COCA Case No. F-2001-503 (July 3, 2002)
(Excessive Sentence. Error to charge Appellant after former conviction because the preliminary hearing magistrate sustained the demurrer to the supplemental information. Affirmed but sentence modified from 35 years to 20 years.)

Jenkins, Steven Eugene v. State, COCA Case No. F-2014-396 (September 29, 2015)
(Prosecutorial Misconduct; Sentence, Excessive) Improper admission of evidence and argument related to probation inflated sentence imposed. Modified from 30 to 20 years.

Jinks, Jeffrey L. v. State, COCA Case No. C-2007-829 (March 13, 2008)
(Guilty Plea Decision; Sentence, Excessive) Client had no prior record but had mental health issues. Sentence "shocked the conscience of the court."

Johnson, Booker James Jr. v. State, COCA Case No. F-2003-673 (September 1, 2004)
(Jury Instructions, Misleading/Confusing; Sentence, Excessive) Error in instructing on incorrect range of punishment requires modification of sentence. Error in charging under broad rather than specific statute results in modification of fine.

Johnson, Cecil Ray v. State, COCA Case No. F-2008-381 (May 12, 2009)
(Evidence, Other Crimes; Sentence, Excessive) Kidnapping conviction reversed and remanded for new trial. Other crimes evidence improperly admitted because there was no visible connection to crime charged and remote in time, thus little probative value.

Joice, Brian Frederick v. State, COCA Case No. RE-2018-1233 (March 5, 2020)
(Revocation / Acceleration Decisions; Abuse of Discretion; Due Process; Ineffective Assistance of Counsel; Sentence, Excessive; Prosecutorial Misconduct) Ineffective assistance for failure to object to revocation on grounds of jurisdiction and excessive sentence. Original sentence exceeded statutory maximum; revocation application was untimely; district court lacked jurisdiction to revoke expired sentence; and the revocation of expired sentence was invalid. Reversed with instructions to dismiss.

Jones, Charles Bert Jr. v. State, COCA Case No. C-2008-273 (April 10, 2009)
(Guilty Plea Decisions; Sentence, Excessive) Plea not knowing and voluntary because it was based on client’s understanding that counsel had talked to the trial judge and judge agreed to a more favorable sentence than what was imposed.

Jones, Lanna Sue v. State, COCA Case No. RE-1999-1369, (May 10, 2000)
(Revocation, cannot extend suspended sentence beyond expiration of original sentence)

Jones, Sarah Mae v. State, COCA Case No. RE-2004-584 (April 27, 2005)
(Revocation; Sentence, Excessive) Revocation of suspended sentence in full, without credit for time already served, is excessive.

Jones, Steven Casey v. State, COCA Case No. C-2015-1057 (October 12, 2016)
(Guilty Plea Decisions; Sentence, Excessive) Misadvice as to sentencing range prejudiced defendant; certiorari granted for plea to be withdrawn.

Jones, Steven Terrell v. State, COCA Case No. F-2018-375 (June 13, 2019)
(Sentence, Excessive) Sentence exceeded statutory maximum and was modified.

Jones, Walter LaCurtis v. State, COCA Case No. F-2003-193 (February 17, 2004)
(Sentence - Excessive) Sentence exceeded the range of punishment; sentence modified.

Jones, Yorico Rayshawn v. State, COCA Case No. C-2016-718 (June 1, 2017)
(Guilty Plea Decisions; Sentence, Excessive) Certiorari denied but judgment and sentence for Count 15 vacated because never charged for this count.

Kelley, Daniel Bryan v. State, COCA Case No. F-2015-963 (July 13, 2017)
(Evidence, Sufficiency; Sentence, Excessive) Remanded for resentencing because State failed to prove the out-of-state felony conviction would have been a felony if prosecuted in Oklahoma.

Kelley, James Calvin v. State, COCA Case No. F-2001-649 & F-2001-650 (April 18, 2002)
(Revocation; Excessive Sentence; Revocation in full failed to take consideration of time already served by previous revocations. Sentence modified to reflect time served.)

Kemp, Therman Krishawn v. State, COCA Case No. RE-2008-753 (February 8, 2010)
(Revocation/Acceleration Decisions; Sentence, Excessive) District Court had no authority to revoke a suspended sentence that had already been served. Order vacated.

Kessee, John Fitzgerald v. State, COCA Case No. F-2004-989 (February 2, 2006) (Prosecutorial Misconduct; Sentence, Excessive) Plain error for prosecutor discuss length of prior sentences in relationship to the dates of convictions. Parole improperly considered during sentencing deliberations. Sentence modified.

Kibbe, Christopher Lyn v. State, COCA Case No. F-2011-1059 (October 25, 2013)
(Sentence, Excessive) Sentence modified because it exceeded the maximum

Kifer, Beau Ashley v. State, COCA Case No. RE-2010-600 (May 26, 2011)
(Revocation/Acceleration; Sentence, Excessive) Revocation partially affirmed, but two counts reversed and dismissed. Application was filed after expiration of the sentences.

Klein, Ronald Bruce v. State, COCA Case No. M-2002-263 (April 9, 2003)
(Sentence - Excessive; Fines, Fees & Costs) Under the circumstances, including Appellant's rejection of offers of suspended sentences, Appellant's sentence modified to sixty (60) days, with the sentences and all fines and costs suspended.

Knox, Kenneth Clark v. State, COCA Case No. F-2009-149 (March 16, 2010)
(Sentence, Excessive) Trial court exceeded its authority in sentencing defendant to three years post-incarceration supervision. Offense committed before statute allowing post-incarceration supervision took effect. Remanded for nunc pro tunc to remove this provision from the J&S.

Knox, Kenneth Donald v. State, COCA Case No. F-2017-602 (December 13, 2018)
(Sentence, Excessive) Imposition of three years post-imprisonment supervision exceeded statutory maximum. Modified to one year post-imprisonment supervision.

Lara, Derlin v. State, COCA Case No. C-2016-813 (May 25, 2017)
(Guilty Plea Decisions; Sentence, Excessive; Restitution) Certiorari denied but sentence on accompanying misdemeanor modified for exceeding statutory maximum. Also remanded for new hearing on actual amount of restitution.

Lathrop, Billy Dale v. State, COCA Case No. F-2004-82 (March 29, 2005)
(Sentence, Excessive) Three counts for child endangerment dismissed because statute criminalizing conduct was passed after the conduct occurred.

Lee, Earnest Alphonzo v. State, COCA Case No. F-2004-643 (August 26, 2005)
(Jury Instruction, Misleading/Confusing; Sentence, Excessive) Jury misinstructed regarding range of punishment. Sentence modified.

LeFlore, Tuydale Eugene v. State, COCA Case No. F-2006-114 (March 8, 2007)
(Sentence, Excessive) Sentence modified under Anderson rule requiring instruction on the 85 percent rule.

Lemons, Kevin Judd v. State, COCA Case No. F-2015-715 (August 31, 2016)
(Sentence, Excessive; Fines, Fees and Costs) Sentence for trafficking modified from 25 years to 17 years, and fine modified from $25,000 to $10,000 due to error in figuring sentencing range with both drug and non-drug priors.

Lewis, Antwaun Deon v. State, COCA Case No. RE-2008-001 and F-2008-06 (April 17, 2009)
(Sentence, Excessive) Error in sentencing for first degree murder after a second-stage enhancement with prior convictions. First Degree Murder is not subject to enhancement under habitual offender statutes. Sentence modified from LWOP to life imprisonment.

Littleton, Timi v. State, COCA Case No. C-1999-528, (Nov. 19, 1999)
(Guilty Plea, Sentence modified, exceeded statutory maximum)

Loftis, Embry Jay v. State, COCA Case No. F-2009-1067 (February 23, 2011)
(Sentence, Excessive; Sentence, Abuse of Discretion; Evidence, Other Crimes) Plain error found in prosecutor’s closing argument, which "improperly and unmistakably called to the jury’s attention that Appellant did not serve his full sentence on his prior conviction." Trial court abused discretion in allowing introduction of "transactional" prior felonies. Sentence modified.

Mahaffey, James Lyman v. State, COCA Case No. F-2010-267 (July 19, 2011)
(Prosecutorial Misconduct; Sentence, Excessive) Prosecutor reading Bible verses that had been referenced, but not read into evidence, was plain error and prejudicial. Prosecutor’s explanation of what a "life" sentence meant misstated the meaning of the 85%. Sentences modified to run concurrently.

Manders, Jeremy David v. State, COCA Case No. RE-2005-536 (July 19, 2006) (Sentence, Excessive; Revocations) Record reflects stipulation to revocation was based upon representation that all time would be served concurrently. Trial court ordered some sentences to be served consecutively. Remanded so that the guilty plea to the revocation can be withdrawn, or for the district court to order the sentences be served concurrently.

Mardis, Eric Josiah v. State, COCA Case No. F-2014-942 (February 4, 2016)
(Prosecutorial Misconduct; Sentence, Excessive) Sentences for 5 counts of lewd mol reduced from 100 years to 50 years per count (still consecutive). Jury was improperly allowed to view client’s juvenile mental health record as it had "little if any probative value."

Marks, Aaron Christopher v. State, COCA Case No. F-2005-684 (October 16, 2006)
(Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Sentence modified.

Marler, Jeffrey v. State, COCA Case No. F-2007-575 (September 25, 2008)
(Sentence, Excessive; Statutory Construction) Judgment on child porn modified to a violation of a more specific statute. Sentence modified.

Marquez, John Carl v. State, COCA Case No. F-2003-747 (September 10, 2004)
(Sentence, Excessive) Life sentence for Placing Bodily Fluids on Government Employee is excessive and modified to 30 years’ imprisonment.

Martin, Bruce Wayne v. State, COCA Case No. RE-2001-1375 (October 29, 2002)
(Sentence - Excessive) Revocation affirmed but sentence modified from five years to one year because it exceeded the statutory maximum.

Martin, Robert Leroy v. State, COCA Case No. F-2001-655 (June 6, 2002)
(Sentence - Excessive. Consecutive sentences imposed on three crimes that fall within the mandatory sentence provision shocks the conscience of the court. Judgment affirmed but sentences are modified to run concurrently.)

Martin, Solly Lee, Sr. v. State, COCA Case No. F-2004-816 (March 8, 2006)  (Sentence, Excessive) Sentences modified to run concurrently due to improper victim impact evidence.

Mason, James Eugene v. State, COCA Case No. RE-2010-762 (April 6, 2012)
(Revocation/Acceleration Decisions; Sentence, Excessive) Error to revoke sentence in full without giving credit for time already served. Remanded for nunc pro tunc order correcting the amount of time revoked.

Masters, Joshua Lee v. State, COCA Case No. F-2004-63 (October 19, 2004)
(Sentence, Excessive) Trial court used sentencing range for crime that State neither alleged nor proved. Remanded for new sentencing under proper range and correction of judgment to Second Degree Rape by Instrumentation.

Matthews, Kevin Paul v. State, COCA Case No. RE-2005-0315 (May 16, 2006) (Sentence, Excessive) Order revoking two-year sentence vacated because sentence had already expired.

Mayes, Lawrence Lugineus v. State, COCA Case No. F-2005-737 (September 26, 2006)
(Sentence, Excessive; Due Process) Trial court should have informed jury, after a question arose during Second Stage Deliberations, that charge was an 85% crime. Sentence modified

Mays, Jerry Lee v. State, COCA Case No. F-2005-422 (April 26, 2006)  (Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Sentences modified.

Maywald, David Lee v. State, COCA Case No. C-2003-403 (January 9, 2004)
(Sentence - Excessive) Defendant misadvised of sentencing range and improperly sentenced to greater than statutory maximum. Certiorari denied but sentence modified.

McAbee, Janis Gale v. State, COCA Case No. RE-2003-455 (May 3, 2004)
(Sentence, Excessive; Revocation) Revocation affirmed but J&S to be corrected to reflect actual sentence imposed.

McLaren, Kevon Andra Robe v. State, COCA Case No. F-2012-1126 (December 19, 2013)
(Double Jeopardy/Double Punishment; Sentencing, Excessive) Convictions for both kidnapping and robbery violated prohibition against multiple punishments. Kidnapping count reversed and dismissed.

McCormick, Robert Claude v. State, COCA Case No. F-2007-165 (April 29, 2008)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Error in instruction did not contribute to verdict, but could have contributed to sentence. Life sentences modified to run concurrently instead of consecutively.

McCracken, Rocky Allen v. State, COCA Case No. RE-2008-411 (April 17, 2009)
(Revocation/Acceleration Decisions; Sentence, Excessive) Defendant became drug free by moving out of state and leaving family and associates in Oklahoma. In addition to kicking meth, he worked full time and was drug free in the interim. Ten years later, he returned to Oklahoma, found employment, and arranged to surrender. Under the facts and circumstances, revocation of five years for failure to report was excessive. Sentence modified to time served.

McGee, Tucker Ryan v. State, COCA Case No. F-2015-393 (December 2, 2016)
(Youthful Offender; Ineffective Assistance of Counsel; Sentence, Excessive) Counsel ineffective by failing to present evidence and argument relating to the imposition of a sentence of life without the possibility of parole on a juvenile offender. Remanded for resentencing. Companion case for Luna v. State, 2016 OK CR 27.

McManus, Ed DeWayne v. State, COCA Case No. C-2002-652 (September 27, 2002)
(Guilty Plea; Sentence - Excessive.) Amendments to 21 § 51.1 were not considered when paperwork for plea was filled out. Petitioner could not have knowingly and voluntarily entered a plea without knowing the correct punishment range. Counts for 2^nd Degree Burglary and Larceny of an Automobile modified to the minimum of six (6) and nine (9) years respectively, rather than the twenty (20) years first imposed.

Melonakis, Stephen Eldridge v. State, COCA Case No. F-2002-233 (July 21, 2003)
(Sentence, Excessive) Right to equal protection of law was not violated when trial court failed to grant credit for time served prior to trial. Sentence modified to reflect credit for time served awaiting appeal in the interests of justice.

Merrick, Anthony Logan v. State, COCA Case No. F-2005-569 (October 19, 2006)
(Sentence, Excessive; Double Jeopardy/ Double Punishment) Multiple images contained on a single recording or disk do not necessarily support multiple counts of possession of child pornography. Two convictions sustained because there were two children involved in different images.

Mesfun, Samson Michael v. State, COCA Case No. F-2016-696 (September 21, 2017)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Jury incorrectly instructed on applicable range of punishment. Sentence modified.

Metzger, Jack Eugene v. State, COCA Case No. C-2014-373 (November10, 2014)
(Guilty Plea Decisions; Sentence, Excessive) Pleas were not knowingly and voluntarily entered because not advised accurately about charges and correct punishment range. Certiorari granted.

Meyer, Jacob Keith v. State, COCA Case No. RE-2012-1032 (February 25, 2014)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocation affirmed but one count remanded for resentencing because sentence exceeded the statutory maximum.

Miller, Charles David v. State, COCA Case No. C-2016-877 (December 7, 2017)
(Guilty Plea Decisions; Sentence, Excessive; Double Jeopardy/Double Punishment) Sentence imposed for stalking exceeded statutory maximum. Remanded for resentencing. Judgment and sentence imposed for reckless conduct with a firearm reversed with instructions to dismiss for double punishment when considered with another count.

Miller, Donald v. State, COCA Case No. F-2000-692, (May 10, 2001)
(Excessive Sentence, modified from consecutive to concurrent)

Miller, Marcus Stephon v. State, COCA Case No. F-2016-229 (November 16, 2017)
(Sentence, Excessive; Due Process) Evidence of prior conviction erroneously presented to jury prior to sentencing determinations. Remanded for resentencing.

Mills, Alfred Junior v. State, COCA Case No. F-2004-935 (August 27, 2007)
(Sentence, Excessive; Jury Instructions, Other) Jury should have been instructed on applicability of 85% rule, even though trial occurred prior to Court’s published decision in Anderson. Sentence modified on Petition for Rehearing.

Mintz, Saul E. v. State, COCA Case No. F-2005-1057 (July 11, 2006) (Sentence, Excessive; Jury Instructions, Other) Plain error occurred when trial court failed to instruct on the 85% rule. Sentences modified.

Mitchell, Michael v. State, COCA Case No. RE-99-446, (Nov. 19, 1999)
(Revocation, sentence exceeded statutory maximum)

Monarch, Eddie Craig v. State, COCA Case No. RE-2001-0540 (March 13, 2002)
(Revocation, Excessive Sentence; no jurisdiction to impose additional punishment.)

Monroe, Jerome v. State, COCA Case No. F-2006-352 (May 7, 2007)
(Sentence, Excessive) Jury should have been instructed on 85% rule. Reversed and remanded for resentencing.

Moore, Beverly Michelle v. State, COCA Case No. F-2006-63 (June 11, 2007)
(Sentence, Excessive) Sentence for Murder, I modified from LWOP to Life based on failure to instruct regarding the 85% rule.

Moore, Daniel Allen v. State, COCA Case No. F-2004-1188 (October 19, 2006)
(Sentence, Excessive; Jury Instructions, Confusing/ Misleading) Remanded for resentencing where trial court failed to instruct on punishment range for murder.

Morgan, Paul Delmer v. State, COCA Case No. F-2003-717 (October 21, 2004)
(Sentence, Excessive) Trial court improperly.

Morrow, Donald Ray v. State, COCA Case No. F-2018-852 (August 29, 2019)
(Sentence, Excessive) Court ordered nunc pro tunc to ensure credit for time served granted.

Mosby, Leslie Kay v. State, COCA Case No. RE-2017-57 (April 19, 2018)
(Sentence, Excessive) Error to revoke sentences to be served consecutively when originally imposed as concurrently.

Mullins, Rayshun Carlie v. State, COCA Case No. C-2006-1154 (May 28, 2008)
(Sentence, Excessive) Certiorari granted on 20 of 21 counts because Petitioner was not told that he would have to serve 85% of sentences, even though issue was not raised in motion to withdraw guilty plea.

Myers, Prince Edward v. State, COCA Case No. C-2015-942 (September 15, 2016)
(Guilty Plea Decisions; Ineffective Assistance of Counsel; Sentence, Excessive) Counsel ineffective for failing to object to imposition of jail time for offenses that carried only fines as penalties. Illegal sentences vacated.

Myers, Walker John v. State, COCA Case No. RE-2000-1429, (December 14, 2001)
(Revocation, Sentencing)

Nahwooksy, Jonathan Bear Robe v. State, COCA Case No. F-2012-236 (December 5, 2013)
(Prosecutorial Misconduct; Sentencing, Excessive) Prosecutor appealed to sympathy for victim and portrayed investigating officer and herself as "champions of the victim and of justice." Sentence modified.

Nelson, Michael Dale v. State, COCA Case No. RE-2014-743 (November 12, 2015)
(Revocation/Acceleration Decisions; Sentence, Excessive) One count reversed because it had been dismissed in the original plea bargain so there was no actual conviction.

Nelson, Misty Dawn v. State, COCA Case No. RE-2006-135 (November 14, 2006)
(Revocation/Acceleration Decisions; Sentence, Excessive) Reversed because revocation order extended sentence beyond original term of suspended sentence.

Newnam, Crystal v. State, COCA Case No. F-1998-1197, (Oct. 4, 1999)
(Acceleration, Sentence Excessive)

Newson, Terri Ann v. State, COCA Case No. C-2001-514 (November 4, 2002)
(Sentence - Excessive) Court denies certiorari but finds the sentence excessive. Sentence modified from LWOP to Life.

Norwood, Douglas Raymond v. State, COCA Case No. RE-2011-606 (June 4, 2013)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocation affirmed, but remanded for correction of unlawful lengthening of sentence.

Nosak, Joshua Paul v. State, COCA Case No. F-2011-1045 (April 5, 2013)
(Sentence, Excessive) Remanded for nunc pro tunc so that J&S reflects certain sentences to be served concurrently instead of all running consecutively (to conform to oral pronouncement of sentence.)

Nunamaker, Jerrad Sterling v. State, COCA Case No. M-2017-137 (February 28, 2019)
(Fines, Fees and Costs; Sentence, Excessive) Fine modified to maximum allowed of $20 and VCA vacated because not applicable in misdemeanor traffic offense.

Nunley, Lyndol Keith v. State, COCA Case No. M-2016-596 (June 8, 2017)
(Abuse of Discretion; Sentence, Excessive) Trial court lacked authority to impose a sentence be served day-for-day. District court entered amended judgment and sentence removing day-for-day provision.

Nye, James Newton v. State, COCA Case No. F-2005-41 (May 22, 2006) (Sentence, Excessive; Prosecutorial Misconduct) Modification required because sentence was excessive and because of prosecutorial misconduct - namecalling, arguing issues of parole, arguing "guilt by association", and improper bolstering. Sentence modified from 60 years to 20 years.

Owen, Timmy Eugene v. State, COCA Case No. F-2006-598 (April 13, 2007)
(Sentence, Excessive; Prosecutorial Misconduct) State improperly questioned defendant about specific allegations regarding offenses for which he was imprisoned when he escaped. Sentences reversed and remanded.

Owens, Taress Lamont v. State, COCA Case No. F-2000-862, (December 19, 2001)
(Excessive Sentence; Fines; Jury Instructions–Misleading)

Palmer, Stuart v. State, COCA Case No. RE-2015-922 (May 4, 2017)
(Revocation/Acceleration Decisions; Sentence, Excessive) Post-imprisonment supervision imposed at revocation proceedings vacated by district court nunc pro tunc after issue was raised.

Pate, Mitchell Wayne v. State, COCA Case No. RE-2001-1120 (July 15, 2002)
(Excessive Sentence; Revocation. Revocation exceeded original terms of sentence. State confessed error. Sentence modified.)

Patterson, Donald Gara v. State, COCA Case No. C-2016-778 (May 11, 2017)
(Guilty Plea Decisions; Sentence, Excessive) Sentence exceeded statutory maximum.

Patton, Jeffery Alan v. State, COCA Case No. F-2014-310 (May 29, 2015)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Conviction for both Possession of Firearm During Commission of a Felony and Possession of Firearm After Former Conviction of a Felony when only one act of firearm possession occurred. Judgment and sentence for Possession of Firearm After Former Conviction of a Felony reversed and remanded for instructions to dismiss.

Payne, Darius Darrell v. State, COCA Case No. F-2010-131 (October 21, 2011)
(Sentence, Enhancement; Sentence, Excessive; Evidence, Other Crimes; Jury Instructions, Other) Remanded for resentencing on two counts, including trafficking (LWOP) and marijuana - second offense to improper instructions regarding finding of prior drug-related offenses for purposes of enhancement. Also, misdemeanor paraphernalia modified from one year to three months because jury improperly exposed to defendant’s priors before sentencing on the misdemeanor.

Phenix, Mario Lenard v. State, COCA Case No. F-2012-567 (September 23, 2013)
(Evidence, Other Crimes; Sentence, Excessive; Ineffective Assistance of Counsel) Evidence of prior felony convictions may have influenced jury’s sentence for Murder I, requiring modification. Modified from LWOP to Life. Comment as to probation also required modification.

Phillips, Gary Lynn v. State, COCA Case No. F-2005-529 (December 18, 2006)
(Sentence, Excessive; Jury Instructions, Other) Considering the record as a whole, including the nature of the crime, Appellant’s health, the arguments about remorse, the victim sympathy comment, jury notes, and the applicability of the 85% Rule under Anderson, the court finds the sentence excessive. Sentence modified from 50 years to 30 years and ordered to be served concurrently with other counts.

Phipps, Ronald v. State, COCA Case No. F-2000-796, (June 20, 2001)
(Sentence, no statutory authority for fine for possession of marijuana)

Payne, David R. v. State, COCA Case No. RE-2004-614 (July 22, 2005)
(Sentence, Excessive; Revocation/Acceleration Decisions) The trial court abused discretion in revoking entire sentence.

Pearson, Rico Raynelle v. State, COCA Case Nos. RE-2009-1019 /1020 (February 22, 2011)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocation in full excessive because trial court improperly considered information not relevant, violations were minor and the "new charges" were dismissed. Affirmed but revocation modified from 7 to 3 years.

Pemberton, Mark Donovan v. State, COCA Case No. RE-2019-619 (July 23, 2020) (Revocation/Acceleration Decisions; Sentence, Excessive) Revocation affirmed but sentence modified to give credit for time served.

Pierson, Deitric Bernard v. State, COCA Case No. F-2004-874 (June 21, 2006)  (Sentence, Excessive; Jury Instructions, Other) Plain error occurred when trial court failed to instruct on the 85% rule. Life sentence modified to thirty years.

Polk, Damion Deshawn v. State, COCA Case No. RE-2017-264 (December 27, 2018)
(Revocation/Acceleration Decisions; Sentence, Excessive) Cannot be revoked for same conduct that had already resulted in sanctions. Revocation order reversed.

Pollard, Omar Sharrod v. State, COCA Case No. F-2012-732 (February 26, 2014)
(Sentence, Excessive; Prosecutorial Misconduct; Evidence, Other Crimes) Inclusion of numerous transactional prior felonies and information regarding the suspended sentences on those cases. Sentence modified from 40 years to 25 years.

Porter, Nyesha Marie v. State, COCA Case No. RE-2006-1308 (April 25, 2008)
(Sentence, Excessive; Revocation/Acceleration) Trial court was without jurisdiction to revoke because the probationary term had expired without the filing of an application to revoke.

Prince, Rickey Dewayne v. State, COCA Case No. F-2009-1002 (December 10, 2010)
(Statutory Construction; Sentence, Excessive; Jury Instructions, Misleading/Confusing) Plain Error to not charge under specific statute which subjected Appellant to a greater potential maximum sentence. Also plain error to not instruct jury regarding penalty imposed by law for the crime on the date of its commission. Sentence modified.

Raymond, Anthony v. State, COCA Case No. F-2000-861, (June 27, 2001)
(Sentence, Excessive, modification of fine)

Reed, Andre Keith v. State, COCA Case No. F-2003-1252 (October 22, 2004)
(Sentence, Excessive) Life sentence imposed for possession of firearm, after former conviction of a felony, “shocks our conscience.” Sentence modified to 20 years.

Reid, Shawn Dion v. State, COCA Case No. F-2007-346 (June 5, 2008)
(Drug Court; Sentence, Excessive) Defendant sentenced on five counts in Drug Court Termination, where three counts had been dismissed prior to entry to Drug Court. Three counts dismissed.

Richardson, Pat Lee v. State, COCA Case No. F-2005-362 (June 16, 2006)  (Sentence, Excessive) Sentence imposed for Manslaughter, 1^st degree, shocks the conscious of the court. Sentence modified.

Rinker, Ricky Allen v. State, COCA Case No. C-2005-608 (March 12, 2007)
(Guilty Plea Decisions; Sentence, Excessive) Order Withdrawing Previous Opinion, granting certiorari. Plea not entered knowingly and voluntarily when not informed of 85% rule.

 Robertson, Steven Wayne v. State, COCA Case No. F-2001-313 (March 13, 2002)
(Prosecutorial Misconduct, Excessive Sentence; Persistent improper comments by prosecutor require modification of sentence.)

Richardson, Thomas v. State, COCA Case No. F-2000-1531, (Aug. 30, 2001)
(Sentence, Excessive, exceeded statutory maximum)

Robertson, Steven Wayne v. State, COCA Case No. RE-2011-138 (February 27, 2013)
(Revocation/Acceleration Decisions; Sentence, Excessive) Court modified sentence that exceeded statutory maximum.

Rogers, Donald v. State, COCA Case No. F-1999-485, (May 12, 2000)
(Evidence, Other Crimes; Sentence, Excessive)

Rose, Mitchell v. State, COCA Case No. F-2000-821, (July 10, 2001)
(Sentence, Pre-Sentence Investigation required)

Rose, Virgil Clayton v. State, COCA Case No. F-2001-352 (April 12, 2002)
(Double Jeopardy/Double Punishment; Excessive Sentence; Jury Instructions- misleading/confusing; Simultaneous convictions for manufacturing and possession of methamphetamine; possession of precursor substance violated double punishment. Convictions for possession of precursor and methamphetamine reversed and remanded with instructions to dismiss. Sentence for possession of firearm modified; jury erroneously instructed on range of punishment.)

Royal, Sheila Diane v. State, COCA Case No. F-2010-99 (October 21, 2011)
(Sentence, Enhancement; Sentence, Excessive; Evidence, Other Crimes; Jury Instructions, Other) Sentence for possession of paraphernalia modified because sentencing occurred after second stage enhancement for the felony counts; misdemeanor was not subject to enhancement.

Runnels, Dennis Ray v. State, COCA Case No. F-2015-531 (September 8, 2016)
(Jury Instructions, Misleading/Confusing; Sentence, Excessive) Jury misinstructed on range of punishment. Sentence modified from 19 years to 10 years.

Ryan, Alfred Gene v. State, COCA Case No. F-2005-649 (September 7, 2007)
(Sentence, Excessive; Evidence, Other Crimes) Jury should have been instructed on applicability of 85% rule, even though trial occurred prior to Court’s published decision in Anderson. Improper other crimes evidence was admitted. Accumulated errors make sentence modification appropriate.

Sanders, Keandre Lee v. State, COCA Case No. F-2005-597 (July 6, 2006) (Sentence, Excessive; Jury Instructions, Other) Plain error occurred when trial court failed to instruct on the 85% rule. Sentences modified.

Scoby, Edwin Leroy v. State, COCA Case No. F-2010-307 (October 14, 2011)
(Sentence, Enhancement; Sentence, Excessive; Evidence, Other Crimes) Non-capital murder case remanded for resentencing because State improperly enhanced with prior convictions.

Smith, Donnell Devon v. State, COCA Case No. C-2010-1179 (October 6, 2011)
(Guilty Plea Decisions; Sentence, Excessive) Sentence imposed was greater than the maximum allowed by statute. Modified.

Stephens, Robert Mark v. State, COCA Case No. F-2002-201 (March 5, 2003)
(Sentence - Excessive) Trial judge's refusal to consider all possible sentencing options based upon a "policy" of running sentences consecutively constitutes an abuse of discretion. Sentences modified to be served concurrently.

Stevenson, Donald Eugene v. State, COCA Case No. F-2004-971 (February 6, 2006) (Sentence, Excessive) Plain error occurred in admission of exhibits detailing Appellant’s prior convictions. Sentence modified.

Stine, Gary Alan v. State, COCA Case No. C-2012-381 (November 20, 2012)
(Guilty Plea Decisions; Sentence, Excessive) Judgment and Sentence remanded for a nunc pro tunc order. Sentences were ordered to be served concurrently, which is not reflected in the judgment and sentence.

Stratmoen, Joe Edward v. State, COCA Case No. F-2002-1561 (September 25, 2003)
(Sentence - Excessive) Trial court should not have ordered Appellant resentenced on Count II, which had already been modified on previous appeal. Sentence modified to 2 years.

Stumpe, Jennifer Michelle v. State, COCA Case No. C-2013-150 (January 14, 2014)
(Guilty Plea Decisions; Sentence, Excessive) Petition for Certiorari granted for purposes of sentence modification. Sentence imposed exceeded statutory maximum

Suggs, Jonathan Lamont, COCA Case No. F-2019-37 (June 24, 2021)
(Direct/Jury Instructions, Lesser Offenses/Sentence, Excessive) Count 3 of the Judgment and Sentence is Reversed and Remanded for a new trial. The trial court’s failure to instruct the jury on the lesser-included offense of illegal entry was plain error.

Vaughn, Christopher Alan, COCA Case No. F-2020-291 (June 10, 2021)
(Direct/Jury Instructions, Other/Sentence, Excessive) Re-sentencing for client sentenced to Life Without Parole on a crime that carries 20 - Life or LWOP. Jury instructions mandated LWOP, and the Judge sentenced him pursuant to the erroneous instructions.

Szczepan, Edward Mark Jr. v. State, COCA Case No. F-2005-405 (June 21, 2006) (Evidence, Sufficiency; Sentence, Excessive) State failed to prove prior convictions for enhancement at non-jury trial. Sentence modified to one year and $500 fine.

Tanner, Twyla v. State, COCA Case No. F-2004-410 (January 4, 2006)
(Sentence, Excessive) Based on the facts and circumstances of the case, the sentence of 45 years shocks the conscience of the Court. Defendant had permission to take car from a used car lot, and drive to the bank. Instead she drove the car until it ran out of gas. Car was recovered, undamaged, 20-25 miles from the car lot. Sentence modified to 20 years.

Taylor, Craig LaFranz v. State, COCA Case No. F-2004-825 (November 28, 2005)
(Jury Deliberations; Sentence, Excessive) Note during deliberations demonstrated jury was influenced by extraneous prejudicial information in assessing sentence. Sentence modified form life imprisonment to 20 years.

Taylor, Dale Lynn v. State, COCA Case No. F-2014-500 (October 29, 2015)
(Sentence, Excessive) Stale prior conviction improperly used to enhance sentence. Modified from 20 years to 15 years.

Teel, Clifford Eugene v. State, COCA Case No. C-2014-139 (January 28, 2015)
(Guilty Plea Decisions; Sentence, Excessive) Reversed and remanded because misadvised of punishment range.

Terrell, Charles v. State, COCA Case No. F-2006-348 (October 12, 2007)
(Evidence, Other Crimes; Sentence, Excessive) Appellant given maximum sentence due to inflammatory nature of the improper other crimes evidence. Lewd molestation conviction affirmed, but sentence modified from 20 years to 10 years.

Terrill, Thomas v. State, COCA Case No. F-2005-527 (November 9, 2006)
(Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Sentence modified.

Thompson, Dominic Ty-Rell v. State, COCA Case No. F-2015-933 (September 16, 2016)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Two counts of knowingly concealing stolen property based on possession of two items stolen from different people on different days violate double jeopardy/double punishment provisions. One count reversed and dismissed.

Thompson, Gregory Scott v. State, COCA Case No. F-2006-68 (May 22, 2007)
(Prosecutorial Misconduct; Sentence, Excessive) Murder I sentence modified from LWOP to Life because trial court erred in bifurcating Murder I trial and allowing State to present prior convictions. Also, jury should have been instructed on 85% rule

Thompson, Valenta E. v. State, COCA Case No. F-2008-60 (May 21, 2009)
(Jury Instructions, Misleading/Confusing; Sentence, Excessive) Two counts reversed because the jury was not properly instructed on the elements necessary to support convictions.

Thompson, Wilford Carl Jr. v. State, COCA Case No. F-2008-5 (July 24, 2009)
(Sentence, Excessive) Permitting jury to consider prior convictions when determining sentence for Murder I is plain error. Sentence modified from LWOP to Life.

Tucker, Tommy Lynn v. State, COCA Case No. RE-2018-457 (July 11, 2019)
(Revocation/Acceleration Decisions; Sentence, Excessive) Imposition of post-imprisonment supervision at time of revocation vacated when not part of the original Judgment and Sentence.

Turner, Eugene v. State, COCA Case No. F-2010-0888 (December 9, 2011)
(Revocation/Acceleration Decisions; Sentence, Excessive) Application to Accelerate filed after deferred sentence had expired. Order accelerating reversed and remanded.

- V,W,X,Y,Z -

Van Dusen, Jason v. State, COCA Case No. F-2003-1316 (October 13, 2004)
(Prosecutorial Misconduct; Sentence, Excessive) Prosecutor improperly injected the possibility of parole into second stage closing argument. Sentences modified from 75 years to 30 years.

Vansickle, Jason Dean v. State, COCA Case No. RE-2010-304 (December 1, 2011)
(Revocation/Acceleration; Sentence, Excessive) Trial court ordered revocation to be served day-for-day (one calendar year), which exceeded the trial court’s authority in revocation proceedings.

Vega, Gilbert Jr. v. State, COCA Case No. F-2006-110 (July 19, 2007)
(Sentence, Excessive; Jury Instructions, Other) First degree felony murder, LWOP, reversed and remanded for resentencing because jury should have been instructed on applicability of 85% rule, even though trial occurred prior to Court’s published decision in Anderson.

Wabaunsee, Gregory Davis v. State, COCA Case No. C-2010-940 (December 7, 2011)
(Guilty Plea Decision; Double Jeopardy/Double Punishment; Sentence, Excessive) Under the particular facts of this case Felon in Possession of Firearm and Possession of Firearm During Felony constituted double punishment.

Wakefield, Terry Dewayne v. State, COCA Case No. F-2006-1095 (September 11, 2007)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Jury was not instructed on proper range of punishment. Sentence modified.

Walker, Harold Robert Jr. v. State, COCA Case No. F-2011-684 (April 5, 2013)
(Drug Court; Sentence, Excessive) Drug Court termination affirmed but remanded to correct sentences that exceed statutory maximum.

Walker, Isaiah Jamil v. State, COCA Case No. F-2015-937 (December 7, 2017)
(Sentence, Excessive; Double Jeopardy/Double Punishment) Convictions for both felony murder and burglary violated double jeopardy where the predicate felony for the murder conviction was the burglary. Burglary conviction reversed with instructions to dismiss.

Wallace, Toni Jo v. State, COCA Case No. RE-2003-902 (August 18, 2004)
(Sentence, Excessive; Revocations) Sentence modified because it exceeded the statutory maximum.

Ward, Markeese Kreashawmn v. State, COCA Case No. C-2010-77 (May 4, 2011)
(Revocation - Drug Court; Sentence, Excessive) After plea of guilty, defendant was ordered to Delayed Sentencing Program for Young Adults but did not successfully complete the program. One year later, trial court gave defendant a second chance to try RID, and sanctioned to five months in County Jail. COCA holds that trial court’s effort to give a "second chance" was, in fact, the time at which sentence was imposed, which could not later be increased.

Watkins, Timothy Mark v. State, COCA Case No. C-2004-1156 (December 27, 2005)
(Guilty Plea Decisions; Sentence, Abuse of Discretion) Trial court abused its discretion in refusing to allow Defendant to withdraw Alford plea , when court failed to follow sentencing recommendation of the State. Certiorari granted.

Watters, Michael Wesley v. State, COCA Case No. C-2018-100 (February 14, 2019)
(Guilty Plea Decisions; Sentence, Excessive; Fines, Fees and Costs) Certiorari denied but remanded to determine if client is mentally ill and thus exempt from the $2,500+ incarceration fees that were assessed.

Watts, Larry Roger v. State, COCA Case No. F-2005-963 (May 25, 2007)
(Evidence, Sufficiency; Sentence, Excessive) Conviction for "drive-by shooting" modified to felony Malicious Injury to Property and sentence modified. Drive-by shooting statute is directed toward people, not property.

Washington, Maurice Cortez Jr. v. State, COCA Case No. F-2013-326 (February 25, 2014)
(Ineffective Assistance of Counsel; Sentence, Excessive) Sentence modified because probation and parole was injected into closing arguments.

Webb, Jason Lee v. State, COCA Case No. RE-2010-10 (April 5, 2011)
(Revocation/Acceleration Decisions; Sentence, Excessive; Youthful Offender) Based on State’s agreement that sentence must be modified because revocation of five years failed to take into consideration the three years and twenty-one days previously served as a Youthful Offender; thus only four years and forty-four days could be revoked.

Weiss, Russell John v. State, COCA Case No. RE-2014-392 (March 18, 2015)
(Sentence, Excessive) Post-imprisonment supervision imposed at revocation hearing stricken as impermissibly lengthening the sentence.

Weston, Chief Allen v. State, COCA Case No. RE-2013-409 (August 11, 2014)
(Revocation/Acceleration Decision; Sentence, Excessive) Revocation affirmed but remanded for entry of order granting credit for time served previously.

Wlliams, Michael v. State, COCA Case No. F-1997-1740, (March 8, 2000)
(Sentence, Excessive, modification from life to 25 years)

Williams, Donnell E. v. State, COCA Case No. F-2002-493 (March 4, 2003)
(Sentence - Excessive) Three convictions for non-violent property crimes affirmed but 25 years' imprisonment for each count to run consecutively is excessive. Sentence modified to be served concurrently.

Williams, Roy C. v. State, COCA Case No. F-2010-665 (April 4, 2012)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Conviction for Using a Vehicle to Facilitate Intentional Discharge of Firearm and conviction for Second Degree Murder, in the commission of Using a Vehicle to Facilitate the Intentional Discharge of a Firearm violate constitutional protections from double jeopardy. Non-murder count reversed with instructions to dismiss.

Williams, Tommy Lee v. State, COCA Case No. C-2006-497 (February 26, 2007)
(Guilty Plea Decisions; Sentence, Excessive) No contest plea to child abuse resulted in a Life sentence, with all but 30 years suspended, shocks conscience of the court. Sentence modified to 20 years.

Willingham, Charles Anthony v. State, COCA Case No. F-2005-281 (September 15, 2006)
(Sentence, Excessive) Sentences ordered to run consecutively shocked the conscience of the court. Modified to run concurrently.

Wilson, Jeremy Ross v. State, COCA Case No. C-2015-573 (September 22, 2016)
(Guilty Plea Decisions; Ineffective Assistance of Counsel; Sentence, Excessive) Counsel ineffective for failing to object to State improperly using after formers in duplicative manner in charging escape. Sentence modified.

Winrow, John Calvin Jr. v. State, COCA Case No. F-2009-774 (December 17, 2010)
(Sentence, Excessive; Ineffective Assistance of Counsel) Court finds it "objectively unreasonable for defense counsel not to give any second-stage closing argument and, in particular, not to make some kind on sentencing request of the jury." Counsel was also ineffective for failing to "more diligently pursue concurrent sentences..." Remanded to determine whether sentences should run concurrently or consecutively

Wolfe, Pete v. State, COCA Case No. C-2015-1063 (September 29, 2016)
(Guilty Plea Decisions; Ineffective Assistance of Counsel; Sentence, Excessive) Certiorari granted and remanded to district court for appointment of conflict-free counsel for filing of new Motion to Withdraw Plea and hearing on the Motion.

Wooden, Steven Antonio v. State, COCA Case No. F-2005-391 (November 1, 2006)
(Sentence, Abuse of Discretion; Sentence, Excessive; Jury Instructions, Other) Trial court’s refusal to exercise its discretion to consider imposition of concurrent sentences constituted an abuse of discretion. Sentence modified to twenty years and ordered served concurrently.

Woods, Ronnie Eugene v. State, COCA Case No. RE-2014-1030 (March 23, 2016)
(Revocation/Acceleration Decisions; Sentence, Excessive) District Court lacked authority to order revoked sentences be served consecutively, when the original Judgment and Sentence ordered the sentences served concurrently.

Wren, Sheila Diane v. State, COCA Case No. RE-2004-1033 (February 28, 2006)  (Revocation/Accelerations; Sentence, Excessive) Revocation order modified to reflect time previously served.

Wright, Darnell Lamar v. State, COCA Case No. F-2012-170 (February 14, 2014)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Convictions for robbery with a firearm and assault while masked in one act violate 21 O.S.2001, § 21. Conviction for assault while masked reversed.

Wright, Jeffery Edward v. State, COCA Case No. RE-2003-0106 (May 12, 2004)
(Sentence, Excessive; Revocation) Trial court lacked jurisdiction to revoke sentence that expired prior to the filing of application to revoke.

Wyles, Bobby Ray Jr. v. State, COCA Case No. RE-2005-355 (April 21, 2006)  (Sentence, Excessive) Suspended sentences ordered originally to be served concurrently cannot be ordered to be served consecutively at subsequent revocation hearing.

Wymer, James Joseph v. State, COCA Case No. F-2005-814 (May 23, 2006) (Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Sentences modified.

Young, Hugo v. State, COCA Case No. RE-2000-251, (Feb. 2, 2001)
(Revocation, excessive sentence, abuse of discretion)

Z.M.M. v. State, COCA Case No. J-2015-930 (February 19, 2016)
(Sentence, Excessive) J&S did not give credit for time served. Appeal dismissed when J&S amended to give credit for time served which was sole issue on appeal.