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JURY INSTRUCTIONS,
MISLEADING / CONFUSING
Armstead, Clayton v. State,
COCA Case No. F-2001-991 (October 31,
2002)
(Jury Instructions - Misleading) Judgment affirmed but sentence modified
from thirty years to ten years. Jury was improperly instructed on the sentencing
range.
Arnold, Carole Jean v. State, COCA Case No. F-2002-653
(June 2, 2003)
(Jury Instructions-Misleading/Confusing) Jury incorrectly instructed on
range of punishment. Trial court erred in admitting testimony regarding HGN test
in DUI case without requiring state to satisfy Daubert. Court found this error
harmless in light of other evidence of guilt. Sentence modified from 5 years to
2 years.
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.
Barham, Dre Edward v. State, COCA Case No.
F-2013-633 (April 25, 2014)
(Double Jeopardy/Double Punishment; Jury Instructions, Misleading/Confusing;
Fines, Fees and Costs) Convictions for simultaneous lewd molestation and sodomy
violate prohibition against multiple punishment for a single offense. Lewd
molestation count reversed to dismiss. Fine vacated because of misinstruction of
mandatory fine.
Bernal, Tomas Mendiola v State, COCA Case No. F-2002-24
(April 30, 2003)
(Jury Instructions - Misleading/Confusing) Appellant's conviction for
maintaining a dwelling where drugs are kept reversed for a new trial because
trial court failed to instruct on all the elements of the offense.
Ray, Bobby Dewayne v. State, COCA Case No.
F-2015-720 (February 28, 2017)
(Fines, Fees and Costs; Jury Instructions, Misleading, Confusing) Plain error
when jury instructed fine is mandatory when optional. Fine vacated.
Bryant, Gregory Lynn v. State, COCA Case No.
F-2007-438 (August 22, 2008)
(Fines, Fees and Costs; Jury Instructions, Misleading/Confusing) Fine
vacated because jury was misinstructed that the fine was mandatory, not
optional. Incarceration fees should not have been assessed because client was
incarcerated for another offense, not the charge in this case, while awaiting
trial.
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.
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.
Clayborne, Mark Anthony v. State, COCA Case No.
F-2011-509 (September 10, 2013)
(Prosecutorial Misconduct; Jury Instruction, Misleading/Confusing) Conviction
for preparing false evidence by attorney reversed.
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.
Crews, Richard Val v. State, COCA Case No.
F-2002-1454 (March 25, 2004)
(Jury Instructions - Misleading/Confusing) Appellant improperly convicted of an
act that is not a crime; possession of a firearm without proving the After
Former Conviction element of offense. Reversed for new trial.
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.
Darton, James Earl v. State, COCA Case No.
F-2013-11 (March 12, 2014)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Ten year sentence
for Domestic A&B was modified to the statutory maximum; jury misinstructed on
enhancement for offense.
Daniels, Edwin Jermaine v. State, COCA Case No.
F-2014-3 (May 26, 2015)
(Jury Instructions, Misleading/Confusing; Fines, Fees and Costs) Jury
erroneously instructed that a $10,000 fine on multiple counts was mandatory.
$130,000 in fines vacated.
Daniels, Kadrian v. State, COCA Case No.
F-2016-562 (October 12, 2017)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Jury incorrectly
instructed that fine was mandatory. Fine vacated.
Daughrity, Shihee Hason v. State,
COCA Case No. F-2001-230
(March 27, 2002)
(Insufficient Evidence, Jury Instructions – Misleading/Confusing;
Insufficient evidence to sustain a conviction for false personation.)
DeMoss, William Michael v. State, COCA Case No.
F-20-466 (August 30, 2011)
(Fines, Fees and Costs; Jury Instructions, Misleading/Confusing) Fines
vacated because jurors were misinstructed that fines were mandatory, when in
fact fines were optional.
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.
Douglas Jr., Michael,
F-1999-558, (July 6, 2000)
Daughrity, Shihee Hason v. State,
COCA Case No. F-2001-230
(March 27, 2002)
(Insufficient Evidence, Jury Instructions–Misleading/Confusing;
Insufficient evidence to sustain a conviction for false personation.)
Downey, Billy Mack v. State,
COCA Case No. F-2001-106
(August 14,
2002)
(Evidence-General; Prosecutorial Misconduct; Jury
Instructions-Misleading/Confusing.) Victim impact evidence inadmissible in the
guilt/innocence stage. Trial court erred in excluding evidence based on the Rule
of Sequestration. Newly discovered evidence was material and not cumulative.
State should not have been allowed to impeach a defense witness with a deferred
judgment. Trial court's "supplemental instructions" increased juror
confusion. Jury should have been instructed that co-defendants were accomplices
as a matter of law. Reversed and Remanded for a New Trial.
Douglas Jr., Michael,
F-1999-558,
(July 6, 2000)
Daughrity, Shihee Hason v. State,
COCA Case No. F-2001-230
(March 27, 2002)
(Insufficient Evidence, Jury Instructions–Misleading/Confusing;
Insufficient evidence to sustain a conviction for false personation.)
Douglas Jr., Michael,
F-1999-558,
(July 6, 2000)
(Jury Instructions, Flight Instruction)
Drennon, III, L.V. v. State, COCA Case No.
F-2007-1253 (December 11, 2008)
(Jury Instructions, Misleading/Confusing; Sentencing) Jury instructions
incorrectly set forth the range of punishment. Sentence modified.
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, Bennie Jay Jr. v. State, COCA Case No. F-2002-869
(July 29, 2003)
(Jury Instructions - Misleading/Confusing) Plain error for trial judge to
fail to properly instruct on the range of punishment. Judgment affirmed but
sentence modified from 30 years to 10 years imprisonment.
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.
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.
Francis, Rollie Mack v. State, COCA Case No.
F-2005-1176 (August 28, 2006)
(Jury Instructions, Misleading/Confusing) Error in instruction on range of
punishment for one count required modification (from one year and a $500 fine,
to just the $500 fine).
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.
Gilbreath-Hancock, Karena v. State, COCA Case No.
F-2013-974 (February 18,
2015)
(Jury Instructions, Misleading/Confusing) Remanded for resentencing after jury
was not given full panoply of sentencing options for actual physical control.
Gorrell, Debra v. State,
COCA Case No. F-2000-483,
(December 3, 2001)
(Jury Instructions– Misleading/Confusing)
Harris, Brandon Donell v. State, COCA Case No.
F-2007-381 (May 15, 2008)
(Jury Instructions, Misleading/Confusing) Count of Lewd or Indecent Proposal
to Minor reversed with instructions to dismiss. Misinstruction of jury led to
erroneous conviction.
Hall, Roy Lee v. State, COCA Case No.
F-2009-563 (September 21, 2010)
(Jury Instructions, Misleading/Confusing; Fines, Fees and Costs) Jury was
erroneously instructed as to the appropriate fine. Fine modified from $25,000 to
$10,000.
Hawks, Loretta Marjorie v. State, COCA Case No.
F-2014-764 (April 5, 2016)
(Evidence, Sufficiency; Due Process; Jury Instructions, Misleading/Confusing)
Error in Aiding and Abetting instructions. Reversed and remanded for new trial.
Hightower, Corey Antwonne v. State, COCA Case No.
F-2007-102 (May 16, 2008)
(Evidence, Other Crimes; Jury Instructions, Misleading/Confusing) Failure to
give limiting instructions on other crimes evidence amounted to plain error. One
count reversed and remanded for new trial.
Izon, Cynthia Fern v. State, COCA Case No.
F-2006-648
(December 19, 2007)
(Jury Instructions, Misleading/ Confusing) Jury erroneously instructed on
range of punishment. Sentence modified.
Jasper, Dewight Dejuan v. State, COCA Case No.
F-2013-36 (April 22, 2014)
(Jury Instructions, Misleading/Confusing) Plain error occurred when trial judge
incorrectly instructed the jury as to the sentencing range for First Degree
Robbery. Sentence modified.
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, Jeffery Robert v. State, COCA Case No.
F-2009-399
(April 15, 2011)
(Jury Instruction, Misleading/Confusing) Defense objected at trial to
modified OUJI instruction that had the effect of confusing the issue regarding
the defense of property and identification of the aggressor in the case.
Modified instruction had the effect of denying the accused his defense. Reversed
and remanded for new trial.
Johnson, Sean,
F-1999-1465,
(Feb. 8, 2001)
(Jury Instructions, Contradictory)
Jones, Lonny Boyd v. State, COCA Case No. F-2002-690
(August 27, 2003)
(Double Jeopardy/Double Punishment; Fines, Fees and Costs or Jury
Instructions - Misleading) Convictions for both Resisting and Officer and
Assault & Battery on a Police Officer constituted double punishment. Trial
court’s punishment instructions were erroneous in applying a superseded
version of the sentence-enhancement statute, and in combining it with a fine
provision from the Uniform Controlled Dangerous Substance Act.
Kelly, Ladarius Burnell v. State, COCA Case No.
F-2016-30 (January 19, 2017)
(Fine, Fees and Costs; Jury Instructions, Misleading/Confusing) One fine
vacated, one fine modified because jury instructions incorrectly mandated a
fine.
Ketcher, David Daniel v. State, COCA Case No.
F-2014-286 (March 24, 2015)
(Jury Instructions, Misleading/Confusing) Jury erroneously instructed that
optional fine was mandatory. Fine vacated.
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.
Malone, Gregory Kyle v. State, COCA Case No.
F-2003-257 (April 15, 2004)
(Jury Instructions - Misleading/Confusing; Due Process) Trial court improperly
broadened elements of crime charged. Jury Instructions were erroneous as they
failed to require proof of the specific crime alleged in the Information. Count
I remanded for new trial.
Manous, Napolean Eugene v. State, COCA Case No.
F-2009-959
(February 15, 2011)
(Fines, Fees and Costs; Jury Instructions, Misleading/Confusing) Trial court
misinstructed on range of punishment regarding fine. Fine modified from $500 to
$200. Remanded for Order nunc pro tunc correcting J&S to reflect jury verdict
requiring treatment and credit for time served.
Marlow, Robert Dale v. State,
COCA Case No. F-2001-793
(September 6, 2002)
(Jury Instructions - Misleading; Evidence - Other Crimes.) Plain error occurred
when convicted of 1st Degree Rape by Instrumentation without the
crucial element of "bodily harm" in the jury instruction. Modified to
lesser crime of 2nd Degree Rape by Instrumentation and sentence
modified from 100 years to 20 years. Appellant was prejudiced when prosecutor
was allowed to introduce "other crimes" evidence of an event occurring
several months after the incidents alleged in the information. Convictions
affirmed but sentence modified from 100 years to 40 years for 4 counts.
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.
McCosar, Anthony Wayne v. State, COCA Case No.
F-2008-432 (June 17, 2009)
(Jury Instructions, Misleading/Confusing) $20,000 fines vacated due to
improper jury instruction mandating imposition of fines.
McCoy, David Deontae v. State, COCA Case No.
F-2009-129 (July 27, 2010)
(Jury Instructions, Misleading/Confusing) Plain error found in failure to
instruct on an essential element of the offense. Count for A&B with Dangerous
Weapon reversed and remanded for new trial.
McFarland, Todd Wayne v. State, COCA Case No.
F-2006-17 (November 14, 2007)
(Prosecutorial Misconduct; Jury Instructions, Misleading/Confusing) Sentence
modified to vacate fine due to improper prosecutorial argument and erroneous
instruction which indicated a fine was mandatory.
McGee, Dusty Ray v. State, COCA Case No.
F-2008-434 (July 24, 2009)
(Jury Instructions, Misleading/Confusing) Jury questions indicated confusion
over first and second degree murder, and trial court did not properly respond to
question regarding applicability of 85% rule to second degree murder. Reversed
and remanded for new trial.
McManus, Jerry v. State, COCA Case No. F-2000-912,
(July 10, 2001) |
(Jury Instructions, missing element).
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.
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.
Mondier, William Forrest v. State,
COCA Case No. F-2001-434
(June 5, 2002)
(Jury Instructions - Misleading/ Confusing; Double Jeopardy/ Double
Punishment. Conviction for Maintaining a Place Resorted to by Users of CDS
reversed with instructions to dismiss because "nothing in the record shows
the trier of fact specifically Appellant 'knowingly or intentionally' committed
the offense. Jury instruction omitted element of "knowingly" or
"intentionally". Also, under the "same evidence" test,
possession of marijuana and methamphetamine was a single offense. Marijuana
possession reversed with instructions to dismiss.)
Morphew, Kristopher Lee v. State, COCA Case No.
F-2007-201 (October 10, 2008)
(Jury Instructions, Misleading/Confusing) Jury instruction on the crime of
second-degree "depraved mind" murder was flawed. Plain error resulted in
reversal and remand for new trial.
Mullins, Tommy W. v. State, COCA Case No.
F-2003-505 (March 29, 2004)
(Jury Instructions - Misleading/Confusing) Jury incorrectly instructed on the
elements necessary for felony conviction of Maintaining a Place for
Keeping/Selling Controlled Substances. Reversed and Remanded for new trial.
Myrie, Antonio Catalino v. State, COCA Case No.
F-2013-137 (May 7, 2014)
(Jury Instructions, Misleading/Confusing; Fines, Fees and Costs) $10,000 fine
vacated because of erroneous jury instructions.
Noble, Steven Edward v. State, COCA Case No.
F-2002-1540 (June 23, 2004)
(Ineffective Assistance of Counsel; Jury Instructions - Misleading/Confusing)
Trial Counsel failed to present available evidence to negate an element of the
charged offense. Trial court erred in instructing on the range of punishment for
possession of firearm afcf. Sentences modified to run concurrently rather than
consecutively.
Okyere, Jaumon Mondell v. State, COCA Case No.
F-2006-1055 (December 17, 2007)
(Jury Instructions, Misleading/ Confusing) Child neglect count reversed with
instructions to dismiss for failure to instruct on disputed element of the
offense.
Orcutt, Roy Donnell v. State, COCA Case No.
F-2003-1018 (June 23, 2004)
(Jury Instructions - Misleading/Confusing) Jury not properly instructed on the
punishment it could assess for DUI, Second and Subsequent, based on statute in
effect at time offense was committed. Sentence modified.
Owens, Keynon Michael v. State, COCA Case No.
F-2007-1151 (May 12, 2009)
(Jury Instructions, Misleading/Confusing) Murder conviction reversed for new
trial, Robbery conviction affirmed. Opinion addresses apparent inconsistency in
verdicts because jury acquitted defendant of the felony that was the
underpinning of the felony murder charge. Court finds plain error in jury
instructions regarding what was required to be proven to find felony murder, and
plain error in trial court’s failure to bring jury to courtroom and follow
procedure in Title 22, Section 894, after several questions indicating confusion
during deliberations.
Owens, Taress Lamont v. State,
COCA Case No. F-2000-862,
(December 19, 2001)
(Excessive Sentence; Fines; Jury Instructions–Misleading)
Phipps, Timothy v. State, COCA Case No.
F-2003-719 (April 15, 2004)
(Sentence Enhancement; Jury Instructions - Misleading/Confusing) Sentence
improperly enhanced with a prior conviction and jury was misinstructed on the
minimum punishment. Sentence modified to 10 years with 5 years suspended.
Pinkney, George H. v. State, COCA Case No.
F-2013-1073 (January 12, 2015)
(Jury Instructions; Misleading/Confusing) Jury was incorrectly instructed as to
the applicable punishment range. Sentence modified from 8 to 5 years.
Powell, Michael v. State, COCA Case No. F-2000-1304,
(Oct. 10, 2001)
(Evidence, Sufficiency, Manufacturing CDS; Jury Instructions, Omission of
Element, Maintaining a Dwelling)
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.
Ray, Bobby Dewayne v. State, COCA Case No.
F-2015-720 (February 28, 2017)
(Fines, Fees and Costs; Jury Instructions, Misleading, Confusing) Plain error
when jury instructed fine is mandatory when optional. Fine vacated.
Ray, James Preston Sr. v. State, COCA Case No.
F-2003-991 (May 6, 2005)
(Fines, Fees and Costs; Jury Instructions, Misleading/ Confusing) No record of
request by State to proceed under 63 O.S. Supp. 2002, 2-401D and jury not
instructed on any fine. Judgment and Sentence affirmed but $50,000 fine vacated.
Raymond, Bradley Joe v. State, COCA Case No.
F-2012-914 (November 15, 2013)
(Jury Instructions; Misleading) Jury misinstructed on punishment range. Sentence
modified.
Reed, Clarence Edward v. State, COCA Case No.
F-2003-405 (April 20, 2004)
(Sentence Enhancement; Jury Instructions - Misleading/Confusing) Jury was
wrongly instructed that it could consider six prior convictions in determining
sentence, after trial court had ruled that only three were appropriate ( the
others were transactional). Sentence modified.
Robertson, Kayla v. State, COCA Case No.
F-2008-255 (April 3, 2009)
(Fines, Fees and Costs; Jury Instructions, Misleading/Confusing) $50,000
fine vacated due to improper instruction to jury that fine was mandatory.
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.)
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.
Sango, Muhajir A. v. State, COCA Case No. F-2002-613
(August 20, 2003)
(Jury Instructions - Misleading) Trial court’s erroneous instructions on
the range of punishment required resentencing.
Schulze, Michael Wayne v. State, COCA Case No.
F-2006-896 (July 19, 2007)
(Fines, Fees and Costs; Jury Instructions, Misleading/Confusing; ) Fines
vacated on two counts due to improper instruction that implied jury must impose
a fine. Error also found in misinstruction as to the maximum sentence.
Seely, Don Edward v. State, COCA Case No.
F-2005-640 (October 17, 2007)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Jury
misinstructed on range of punishment. Sentence modified.
Simmons, Kenneth v. State, COCA Case No.
F-2009-47
(February 25, 2010)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Failure to
instruct on 85% Rule in Manslaughter, 1st Degree, required remand for
resentencing.
Smith, Sean Ray v. State, COCA Case No.
F-2007-543
(May 22, 2008)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Sentence
modified due to failure to properly instruct on the 85 percent issue.
Spencer,
Ricky Eugene,
COCA Case No. F-2019-588 (Jan.
14, 2021)
(Direct/Jury Instructions, Misleading/Confusing/Sentencing) Plain error in jury
instructions
on “transferred intent.”
Stone, Jimmy Dale v. State, COCA Case No.
F-2012-545 (January 8, 2014)
(Jury Instructions, Misleading/Confusing) Plain error in trial court’s failure
to instruct on elements of the offense. Reversed and remanded for new trial.
Stout, Jesse James v. State, COCA Case No.
F-2009-177 (October 8, 2010)
(Due Process; Jury Instructions, Misleading/Confusing) Trial Court erred in
allowing the State to amend the Information at the close of trial because change
in sentencing range was prejudicial. Counts in question remanded for a new
trial.
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.
Trammell, Stanley Norris v. State, COCA Case No.
F-2004-1112 (December 16, 2005)
(Jury Instructions, Misleading / Confusing) Trial court erred in failing to give
self-defense instructions in first degree murder case. Reversed and remanded for
new trial.
Vaughn, James Dale v. State, COCA Case No. F-2002-175
(February 19, 2003)
(Jury Instructions - Misleading/Confusing) Jury given incorrect punishment
range on Offense of Carrying Firearm AFC. Judgment affirmed but sentence
modified from 20 years to 2 years.
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.
Welch, Tony Wayne v. State, COCA Case No. F-2001-1372
(January 10, 2003)
(Jury Instructions - Misleading) Plain error for court to incorrectly
instruct jury on range of punishment for crime of Peeping Tom. Fine vacated.
West, Harry Oliver v. State, COCA Case No.
F-2005-700 (July 14, 2006) (Jury Instructions,
Misleading/Confusing) Trial court’s failure to instruct the jury on the
definitions of the terms "driving under the influence" and "driving while
impaired" is plain reversible error. Reversed and remanded for new trial.
Williams, Mark Wallace v. State, COCA Case No.
F-2012-172
(July 24, 2013)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Jury incorrectly
instructed on sentencing range. Sentence modified.
Wright, Vadell Lamont v. State,
COCA Case No. F-2001-651
(June 7, 2002)
(Evidence - Sufficiency; Jury Instructions. Evidence insufficient to support the
charge of using a vehicle to discharge a firearm, charge reversed with
instructions to dismiss. Unauthorized Use of Motor Vehicle reversed and remanded
for new trial because the jury was not properly guided regarding defendant's
defense of mistake.)
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OKLAHOMA