Benton, James Loren v. State, COCA Case No. RE-2001-0383  (March 12, 2002)
(Revocation, Insufficient Evidence; did not prove willful violation of probation.)

Blizzard, Scott, F-1999-773, (Feb. 16, 2000)
(Evidence, Sufficiency, dominion & control of drugs)

Boschee, David Roland v. State, COCA Case No. F-2008-1041 (February 22, 2010)
(Evidence, Sufficiency) Evidence presented at trial was insufficient to support conviction for two counts of possession of a firearm AFC. Evidence was that same firearm possessed continuously, thus only one offense, not two.

Boyd, Foy Anthony v. State, COCA Case No. M-2004-66 (April 5, 2005)
(Evidence, Sufficiency) Admission into evidence of breath test without proof it was performed in compliance with rules and regulations of the Board, constitutes a substantial violation of statutory rights. Reversed and remanded for new trial.

Brannon, Kermit Lee Jr. v. State, COCA Case No. M-2016-483 (August 3, 2017)
(Evidence, Sufficiency) Evidence insufficient to prove unsafe lane change. Reversed and remanded for new trial.

Brewer, James, COCA Case No. M-2019-664 (Sept. 24, 2020) (Evidence, Sufficiency) Count of Illegal Entry reversed and ordered dismissed due to insufficient

evidence.

Brewington, George Robert. v. State, COCA Case No. F-2008-832 (December 10, 2009)
(Evidence, Sufficiency) State failed to prove possession of sufficient quantities to require tax stamp. Count reversed and dismissed.

Brown, Elgin, F-1998-1327, (Feb. 11, 2000)
(Evidence, Sufficiency, RICO)

Burns, Katherine v. State, COCA Case No. M-2010-341 (November 18, 2011)
(Evidence, Sufficiency, Statutory Construction) Conviction for Harassment by Use of an Electronic Device (telephone text messaging) reversed with instructions to dismiss.

Burton, Michael v. State, COCA Case No. RE-2002-993 (March 20, 2003)
(Evidence - Insufficient) Prescribed cough medicine could not be excluded as cause for positive drug test. Reversed with instructions to dismiss.

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.

Catlett, Arthur v. State, COCA Case No. F-1998-687, (Nov. 16, 1999)
(Evidence, Sufficiency, Possession of CDS with Intent to Distribute)

Causey, Charles v. State, COCA Case No. F-2006-991 (June 29, 2007)
(Evidence, Sufficiency; Evidence, Expert Testimony) Lewd Molestation case reversed and remanded for new trial because "trial court erred in failing to make a record of any hearing on the admissibility of any out-of-court statements by the minor victim, including a finding that the statements were reliable and trustworthy...," and because the State’s expert erred when she stated the victim was telling the truth.

Cheadle, Rodney, F-2000-386, (June 7, 2001)
(Evidence, Sufficiency, First Degree Murder in Furtherence of Drug Distribution; Illegal Use of Police Radio; Possession CDS with Intent to Distribute; Double Jeopardy/Double Punishment, solicitation and conspiracy to commit murder)

Clark, John Douglas v. State, COCA Case No. C-02-1188, C-02-1190 & C-02-1191 (July 2, 2003)
(Guilty Plea Decisions; Evidence, Sufficiency) Insufficient evidence to support plea on Maintaining a Vehicle Used for Keeping or Selling CDS. Reversed with instructions to dismiss.

Clark, Sidney v. State, COCA Case No. F-2000-282, decided (Jan. 26, 2001)
(Sentence, Enhancement, sufficiency of evidence for priors)

Collier, Mortarice D. v. State, COCA Case No. F-2004-1091 (February 3, 2006) (Evidence, Sufficiency) Chain of custody was not sufficiently proven to sustain the foundation for the admissibility of the evidence. Reversed with instructions to dismiss.

Combs, Franklin Savoy v. State, COCA Case No. C-2008-448 (December 22, 2008)
(Guilty Plea Decisions; Evidence, Sufficiency) Factual basis not sufficiently established in Alford plea. Certiorari granted.

Crase, Kenneth,  F-2000-367, (April 19, 2001)
(Evidence, Sufficiency, Manufacturing Methamphetamine, Proximity to offense not sufficient)

Crase, Kevin, F-2000-365, (April 19, 2001)
(Evidence, Sufficiency, Manufacturing Methamphetamine, proximity to offense not sufficient.)

Crawley, Michael Ray v. State, COCA Case No. F-2017-153 (August 30, 2018)
(Evidence, Sufficiency; Abuse of Discretion) Error to exclude alternative suspect’s purported confession that he was driving when the victim was killed. Counts for felony murder and eluding a police officer reversed and remanded for new trial.

Crittenden, Sidney, F-2000-152, (April 17, 2001)
(Evidence, Sufficiency, Lewd Molestation, multiple counts)

Daniel, Nicholas Allan v. State, COCA Case No. C-2019-15 (June 25, 2020)
(Guilty Plea Decisions; Evidence, Sufficiency) Court finds that facts did not support theory of felony murder with distribution of CDS as predicate; and Robbery with a Firearm. Judgment modified to reflect Murder with armed robbery as the predicate and vacated the robbery with firearm count.

Danley, Travis Lee v. State, COCA Case No. F-2010-203 (February 9, 2012)
(Evidence, Sufficiency) Insufficient evidence presented as to value of property taken. Conviction modified to petit larceny, sentence modified to 6 months.

Davenport, Heather, F-2000-213, (Feb. 9, 2001)
(Evidence, Sufficiency, Guilty Knowledge, carrying CDS into jail)

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 resentencing because the trial court refused to consider all sentencing options (i.e. concurrent sentences).

Diaz, Cesar (aka Jorge Limon) v. State, COCA Case No. F-2001-529 (October 22, 2002)
(Evidence - Sufficiency) State failed to prove venue with respect to the charges of Using a Communication Facility to Facilitate the Commission of a Felony (using a cell phone to traffic in drugs). State did not prove the subject calls were made or received in Oklahoma County.

D.I.S. v. State, COCA Case No. J-2013-0130 (June 14, 2013)
(Juvenile Adjudication/Certification; Evidence, Sufficiency) Adjudication on three counts of A&B with Dangerous Weapon vacated with instructions to dismiss due to insufficient evidence.

Dixon, Toni Lisa v. State, COCA Case No. F-2003-1401 (September 7, 2004)
(Evidence, Sufficiency) Judgment modified from felony DUI to misdemeanor DUI because evidence insufficient to prove prior conviction. Fine modified because it exceeded the statutory maximum.

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.

Easton, Candy Mae v. State, COCA Case No. F-2004-729 (September 26, 2005)
(Evidence, Sufficiency) Presence and knowledge of meth activity on site is not sufficient to prove guilt of aiding and abetting manufacturing. Reversed with instructions to dismiss.

Eidson, Christopher D. v. State, COCA Case No. M-2005-0332 (March 24, 2006)  (Evidence, Sufficiency) Reckless Driving conviction modified to Speeding. "Potential" for an accident is not enough to support conviction for reckless driving.

Elser, Stephano Dominick v. State, COCA Case No. RE-2002-387 (February 20, 2003)
(Evidence - Insufficient) Revocation reversed with instructions to dismiss. Court found no competent evidence to support allegation that defendant violated rule regarding association with other convicted felons.

Fajardo, Eduardo Rivera. v. State, COCA Case No. F-2007-690 (July 24, 2008)
(Prosecutorial Misconduct; Sentence, Excessive) Prosecutorial misconduct and erroneous combination of sentencing options required modification of sentence.

Fears, Daniel Hawkes v. State, COCA Case No. F-2004-1279 (July 7, 2006) (Evidence, Sufficiency; Jury Instructions, Other; Prosecutorial Misconduct) Juries should be instructed on consequences of verdict of not guilty by reason of insanity. Prosecutorial misconduct occurred in mis-characterization of expert testimony, injection of prosecutor opinion, and pleas for sympathy for victims. State failed to rebut defendant’s claim of insanity beyond a reasonable doubt. Reversed and remanded for an entry of verdict of Not Guilty by Reason of Insanity

Fears. Daniel Hawkes v. State, COCA Case No. F-2004-1279 (January 26, 2007)
(Double Jeopardy; Evidence, Sufficiency) Court upheld earlier ruling reversing Murder I conviction because State failed to prove defendant was sane at the time of the offense. Double Jeopardy principles warranted reversal with instructions to enter verdict of not guilty by reason of insanity.

Fechner, Rosa v. State, COCA Case No. RE-2000-1257, (Oct. 16, 2001)
(Revocation, Insufficient Evidence)

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.

Flynn, Steven Allen Jr. v. State, COCA Case No. F-2006-1168 (February 6, 2008)
(Evidence, Sufficiency; Double Jeopardy/Double Punishment) Murder 2 modified to Manslaughter 1 and sentence modified because of insufficient evidence nexus between felony alleged for felony murder and the death of the victim. Also, separate convictions for possessing two types of CDS violated double punishment provision.

Ford, Heath Saxon v. State, COCA Case No. F-2017-0031 (January 11, 2018)
(Drug Court; Evidence, Sufficiency) Termination from Drug Court cannot be based entirely on hearsay evidence. Remanded for reinstatement into a Drug Court program.

Fox, Scott Lee v. State, COCA Case No. F-2002-492 (May 20, 2003)
(Evidence - Sufficiency) Trial evidence insufficient to support conviction for Injury to Minor Child because it failed to exclude every reasonable hypothesis except that of Appellant's guilt. One count reversed and dismissed.

Fox, Tony Dewayne v. State, COCA Case No. RE-2003-660 (June 23, 2004)
(Evidence, Sufficiency; Revocations) Revocation reversed and remanded for further proceedings because no evidence was offered as to the willfulness of the probation violations.

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.

George, Gordon Lee Jr. v. State, COCA Case No. RE-2016-1049 (August 30, 2018)
(Revocation/Acceleration Decisions; Evidence, Sufficiency) Evidence insufficient to establish failure to pay. Three of four revocation cases reversed.

Haunschild, Rick, F-2000-740, (July 6, 2001)
(Evidence, Sufficiency, Escape from Private Prison)

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.

Hayner, Morton D. v. State, COCA Case No. F-2005-314 (May 1, 2006) (Evidence, Sufficiency) Evidence insufficient to support unlawful manufacture of methamphetamine. Judgment modified to attempted unlawful manufacture of methamphetamine.

Hester, Ricky Dale v. State, COCA Case No. F-2006-469 (December 13, 2007)
(Evidence, Sufficiency) Conviction for kidnapping reversed with instructions to dismiss because of insufficient evidence of intent to extort money or property.

Hicks, Shaynathian Rashaud v. State, COCA Case No. F-2005-1058 (March 26, 2007)
(Evidence, Sufficiency) Count of Indecent Exposure "reversed and dismissed" because State failed to present sufficient evidence that the inappropriate act of urinating (in a public place) was done "lewdly."

Hopkins, Jerome Deshone v. State, COCA Case No. F-2016-549 (August 10, 2017)
(Evidence, Sufficiency; Due Process) Record failed to establish waiver of assistance of counsel was knowing and voluntary. Appellant deprived of fair trial and due process of law when control restraint was visible to prospective and eventual jurors. Trial court erred by allowing Appellant to be tried in a restraint box without giving any reason for such restraint. Reversed and remanded for new trial.

Ise, Bradley W. v. State, COCA Case No. M-2005-375 (February 22, 2008)
(Evidence, Sufficiency; Sentence, Excessive) Trial court erred in permitting questions about prior guilty plea, subsequently withdrawn. Reversed and remanded for a new trial.

Jackson, Willard Dean v. State, COCA Case No. F-2005-1285 (November 5, 2007)
(Evidence, Sufficiency) Judgment for indecent proposal modified to lesser offense due to lack of proof one one element; remanded for resentencing proceedings.

Jackson, Wilma Fay v. State, COCA Case No. S-2007-779 (May 19, 2008)
(Evidence, Sufficiency) Trial court’s ruling dismissing 84 felony and two misdemeanor counts affirmed. Trial court properly sustained motion to quash for lack of sufficient evidence to prove a necessary element of the charged offense.

J.M.D. v. State, COCA Case No. J-2016-0745 (December 14, 2016)
(Juvenile Adjudication/Certification; Evidence, Sufficiency) Delinquency adjudication reversed with instructions to dismiss. Evidence insufficient to prove “Endeavoring to Perform an Act of Violence.”

J.R.L. v. State, COCA Case No. J-2000-1066, (Nov. 30, 2000)
(Youthful Offender, Evidence, psychological evaluation necessary)

James, Larry, F-1998-654, (July 22, 1999)
(Evidence, Sufficiency, Obstructing an Officer)

Johnson, Cleon Christopher v. State, COCA Case No. F-2004-691 (February 2, 2006) (Evidence, Sufficiency) State failed to produce any evidence about the value of the property burned. Count of Arson, 3^rd degree, reversed and remanded with instructions to dismiss.

Jones, Leslie Dewayne v. State, COCA Case No. RE-2004-435 (July 15, 2005)
(Evidence, Sufficiency; Revocation/Acceleration Decisions) Revocation reversed outright because right of confrontation was violated when state merely presented evidence that defendant had been charged with another crime, not actual facts establishing that another crime had been committed.

Jones, Tony Wayne v. State, COCA Case No. F-2000-283 (March 26, 2002)
(Insufficient Evidence; Evidence presented was entirely circumstantial and insufficient to prove that both had an agreement to commit this crime.)

Jones, Walter LaCurtis v. State, COCA Case No. F-2015-561 (October 19, 2016)
(Evidence, Sufficiency) Conviction for Assault and Battery with a Dangerous Weapon reversed and remanded with instructions to dismiss due to insufficient evidence.

Keelin, James v. State, COCA Case No. M-2000-1482 (November 21, 2001)
(Insufficient Evidence; transportation of opened container of alcoholic beverage)

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.

King, Willie West Jr. v. State, COCA Case No. F-2001-1170 (August 30, 2002)
(Insufficient Evidence.) Evidence showed more of an attempted lewd molestation rather than the completed act. Conviction on this count reversed with instructions to dismiss.

Kirkpatrick, Robert, F-2000-1157, (Oct. 12, 2001)
(Evidence, Sufficiency, A & B with Dangerous Weapon; Self-Defense; Security Guard)

State v. Christopher D. Knight, COCA Case No. S-2014-564 (May 27, 2015)
(State Appeals; Evidence, Sufficiency) Ruling of trial court suppressing the evidence affirmed because State did not meet its burden.

Knutson, Fredrick Bruce v. State, COCA Case No. M-2013-73 (April 10, 2014)
(Evidence, Sufficiency) Zoning violations reversed to dismiss for insufficient evidence.

Latham, Decarlos Marquis v. State, COCA Case No. RE-2015-180 (March 8, 2016)
(Revocation/Acceleration Decisions; Evidence, Sufficiency) No proof of finality of out-of-State judgment. Reversed and remanded.

Lindsay, Charles Earl v. State, COCA Case No. F-2005-252 (August 30, 2006)
(Due Process; Evidence, Sufficiency; Sentencing) Error in escorting defendant into court and out of court in handcuffs in the presence of jurors; victim was never "threatened" with the alleged imitation firearm; and failure of trial court to instruct on 85 percent rule all contributed to Court’s decision to modify sentence.

Lister, Ronnie Lamonte v. State, COCA Case No. F-2008-599 (April 16, 2009)
(Evidence, Sufficiency) Evidence insufficient to show that Appellant had dominion over or control over a weapon that his associate was sitting on. Count reversed and dismissed.

Long, Donna and Lillian Shipman v. State, COCA Case No. S-2015-87 (January 14, 2016)
(State Appeals; Evidence, Sufficiency) District court’s order granting motion to quash for insufficient evidence affirmed.

Lopez, Jacqueline E. v. State, COCA Case No. S-2008-53 (July 1, 2008)
(Evidence, Sufficiency) Magistrate’s decision to sustain demurrer affirmed.

Lowe, Jack Albert, F-2000-897, (Sept. 21, 2001)
(Evidence, Sufficiency, Rape modified to Lewd Molestation)

State v. Lunsford, COCA Case No. S-2014-759 (July 31, 2015)
(State Appeals; Evidence, Sufficiency) Lower court order dismissing case for State’s failure to produce sufficient evidence of dominion and control of drugs affirmed.

Luttrell, Jimmy Dale v. State, COCA Case No. M-2007-62 (January 7, 2008)
(Evidence, Sufficiency) Domestic Assault and Battery case dismissed because defendant’s wife (alleged victim) did not testify, and trial court sustained the hearsay objection to the police officer’s testimony and report.

McHam, Harold Edward v. State, COCA Case No. F-2001-46 (February 27, 2002)
(Fines, Fees and Costs; Evidence– Insufficient)

Mirich, Samuel David v. State, COCA Case No. RE-2011-606 (June 14, 2013)
(Revocation/Acceleration Decisions; Evidence, Sufficiency) State failed to prove finality of conviction relied upon as probation violation.

Moore, Edgar Allen v. State, COCA Case No. F-2005-1031 (November 8, 2006)
(Evidence, Sufficiency; Sentencing; Jury Instructions, Other) Mere possession of stolen property not sufficient to prove KCSP. State must prove defendant has knowledge property is stolen. Count Dismissed. Court erred in failing to instruct on the 85% Rule. Sentence modified.

Morgan, Vernon, F-1998-624, (Sept. 1, 1999)
(Evidence, Sufficiency, Burglary of Automobile, no breaking)

Morris, Rhonda, F-1999-1374, (Dec. 11, 2000)
(Evidence, Sufficiency, Rape, lack of penetration)

Myers, Carl Don v. State, COCA Case No. F-2005-1011 (September 6, 2007)
(Evidence, Sufficiency) Kidnapping conviction reversed because State failed to prove that intent was to extort money or property while victim was seized and confined. Kidnapping conviction reversed with instructions to dismiss.

Nixon, Ryan Lee v. State, COCA Case No. F-2014-939 (February 26, 2016)
(Evidence, Sufficiency) Insufficient evidence to prove simple possession of methamphetamine. Reversed with instructions to dismiss.

Nuckols, Jackie v. State, COCA Case No. F-1999-1615, (April 18, 2001)
(Cumulative Error, other crimes, stale prior convictions, deficient performance by counsel)

Oliver, Carlos David v. State, COCA Case No. C-2010-1060 (October 7, 2011)
(Guilty Plea Decisions; Evidence, Sufficiency; Double Jeopardy/Double Punishment) Factual basis not sufficient on guilty plea for resisting arrest, count reversed with instructions to dismiss. Convictions for Assault with a Dangerous Weapon and Assault with a Dangerous Weapon while Masked constitute double punishment for one crime. Assault with a Dangerous Weapon reversed with instructions to dismiss.

Osborne, Jacinda Simone v. State, COCA Case No. F-2009-530 (July 22, 2010)
(Evidence, Sufficiency) State failed to establish "serious bodily injury" for first degree robbery. Conviction modified to lesser offense of second degree robbery.

Ockerman, Rian Wayne v. State, COCA Case No. F-2002-1265 (January 7, 2004)
(Evidence - Sufficiency) Conviction for manslaughter arising from DUI reversed with instructions to dismiss because evidence insufficient to sustain jury’s verdict.

Ortiz, Ricardo v. State, COCA Case No. F-1999-587, (Aug. 22, 2000)
(Evidence, improper admission of confession)

State v. Patrick Lee Walker, COCA Case No. S-2016-169 (November 17, 2016)
(State Appeals; Evidence, Sufficiency) Dismissal of case affirmed because no evidence that distribution occurred within 2000 feet of school.

Peyton, Joseph Edward v. State, COCA Case No. F-2001-122 (September 11, 2002)
(Evidence - Sufficiency) Mere presence at the scene of the crime does not invoke criminal responsibility.

Pitt, Heidi Renee v. State, COCA Case No. F-2002-356 (February 26, 2003)
(Evidence - Insufficient) Evidence insufficient to sustain conviction for unlawful possession of methamphetamine. There was no evidence that she had knowledge, dominion and/or control over the .04 grams of methamphetamine that co-defendant threw to the ground at the time of arrest. Reversed and remanded with instructions to dismiss.

Powell, Michael, F-2000-1304, (Oct. 10, 2001)
(Evidence, Sufficiency, Manufacturing CDS; Jury Instructions, Omission of Element, Maintaining a Dwelling)

Pratt, William Ray v. State, COCA Case No. F-2001-692 (October 15, 2002)
(Evidence - Sufficiency) Rape count reversed and remanded with instructions to dismiss due to lack of evidence of penetration.

Rayls, Edward Allen v. State, COCA Case No. M-2003-450 (May 18, 2004)
(Evidence, Sufficiency) Evidence insufficient to prove offense of eluding officer, which requires more than a neglectful failure to stop. Reversed and remanded with instructions to dismiss.

Rimmer, Robert, F-1999-1317, (Oct. 19, 2000)
(Evidence, Sufficiency, Robbery)

Rivera, Eric Anthony v. State, COCA Case No. F-2001-444 (September 30, 2002)
(Evidence - Insufficient.) Conviction for Kidnapping (10 year sentence) reversed with instructions to dismiss for insufficient evidence.

Robinson, Robert, F-1998-724, (July 29, 1999)
(Evidence, Sufficiency, Lewd Molestation, elements not proven)

Rodgers, Billy Ray v. State, COCA Case No. F-2002-1116 (August 14, 2003)
(Evidence - Sufficiency) Mere presence at the scene is not sufficient evidence to sustain a conviction for manufacturing methamphetamine. Reversed with instructions to dismiss.

Schoonover, John Edward v. State, COCA Case No. F-2001-936 (August 15, 2002)
(Jury Instructions- theory of defense; Evidence - Insufficient.) Trial court committed fundamental error by instructing jury on the alternative theory of First-Degree Murder (Child Abuse) by its use of the "permitting" child abuse instruction. Evidence presented at trial sufficient to prove death was not accidental but does not support theory that Appellant knowingly permitted his wife to inflict unreasonable force. Reversed for New Trial.

Schoonover, John Edward v. State, COCA Case No. F-2003-633 (September 8, 2004)
(Evidence, Sufficiency; Jury Instructions, Other) Evidence introduced at trial was insufficient as a matter of law to convict on the crime of accessory after the fact to a murder, based on actions after injury to child but before death. Trial court erred in instructing on accessory to murder, where instruction was not requested by defendant. Reversed for new trial.

Schroeder, Larry, F-2000-515, (Sept. 6, 2001)
(Evidence, Sufficiency, Burglary, "breaking not proven; Double Punishment/Double Jeopardy, Kidnapping for Extortion of Sexual Gratification & Sexual Assaults merged)

Shirley, DeWayne Cedric Lee v. State, COCA Case No. F-2003-442 (June 24, 2004)
(Evidence - Sufficiency) Two counts of possession of firearm reversed with instructions to dismiss for insufficient evidence.

Smallen, Robert Lee v. State, COCA Case No. S-2008-761 (February 5, 2009 (State Appeals; Sixth Amendment; Evidence, Sufficiency) Evidence insufficient that rights to silence and assistance of attorney were waived. District Court Order suppressing statements and videotaped interview affirmed.

Smith, Steven Leroy v. State, COCA Case No. M-2004-742 (June 7, 2005)
(Evidence, Sufficiency) Trial Court misinterpreted DUI definition of “under the influence.” Reversed with instructions to dismiss.

Sparks, Nathan David v. State, COCA Case No. F-2009-525 (May 13, 2011)
(Evidence, Sufficiency) Second Degree Murder reversed to dismiss. Under the circumstances of the case, the evidence was insufficient for a rational trier of fact to determine Appellant’s conduct was imminently dangerous.

State v. Brown, Barry Lee, COCA Case No. S-2012-1012 (October 3, 2013)
(State Appeals; Evidence, Sufficiency) Trial court found officer who initiated traffic stop lacked sufficient memory of the event to fulfill the State’s burden of showing the stop was lawful. Suppression affirmed.

State v. Heartfield, Kindra, COCA Case No. S-2013-718 (May 22, 2014)
(State Appeals; Evidence, Sufficiency; Search and Seizure) No abuse of discretion in finding that there was no consent to warrantless search. District Court order suppressing evidence affirmed.

State v. John C. Angulo, COCA Case No. S-2016-95 (September 27, 2016)
(State Appeals; Evidence, Sufficiency; Search and Seizure) Trial court ruling sustaining motion to suppress was affirmed. Traffic stop impermissibly delayed for drug dog to arrive.

State v. Lord, Cody Ray, COCA Case No. S-2016-1142 (September 14, 2017)
(State Appeals; Evidence, Sufficiency; Abuse of Discretion) Suppression of blood draw evidence upheld in DUI case for lack of consent.

State v. Mario Alexander, COCA Case No. S-2015-723 (September 8, 2016)
(State Appeals; Evidence, Sufficiency) Trial court ruling sustaining motion to suppress and dismiss affirmed.

State v. Ridge, Steven Allen, COCA Case No. S-2013-322 (October 23, 2013)
(State Appeals; Evidence, Sufficiency) Order granting motion to suppress affirmed. Trooper did not have reasonable suspicion that violation of had occurred before making stop.

State v. Steven Kirtus Stricker, COCA Case No. S-2020-79 (August 20, 2020) (State Appeals; Evidence, Sufficiency) Trial court’s dismissal of an alternative county of Felony murder in commission of kidnapping, when there was no evidence of intent to confine was affirmed.

State v. Terrill, Randall and Deborah Ann Leftwich, COCA Case No. S-2011-1115 (February 20,2013)
(State Appeals; Evidence, Sufficiency) Court agreed evidence put forth at preliminary hearing was insufficient to add a conspiracy charge and affirmed lower court’s dismissal of the count.

State v. Tutson, Terrence, COCA Case No. S-2013-718 (May 22, 2014)
(State Appeals; Evidence, Sufficiency; Search and Seizure) No abuse of discretion in finding that there was no consent to warrantless search. District Court order suppressing evidence affirmed.

State v. Vaughan, David, COCA Case No. S-2013-687 (April 22, 2014)
(State Appeals; Evidence, Sufficiency) Dismissal of manslaughter case affirmed. Evidence insufficient to show actions constituted a substantial factor in the victim’s death.

State v. Walker, Carl Wayne, COCA Case No. S-2009-623 (December 10 2009)
(Evidence, Sufficiency) State appealed ruling at preliminary hearing reducing charge from Poss CDS w/ Intent to Distribute to misdemeanor Possession of CDS. Evidence of prior drug sales insufficient to support probable cause for "intent to distribute."

State v. Weaver, Wesley Warren Peritt, COCA Case No. S-2019-242 (June 18, 2020)
(State Appeals; Evidence, Sufficiency) State failed to establish proffered sexual propensity evidence sufficiently to overcome trial court’s exclusion.

Stephens, Charles v. State, COCA Case No. S-2009-567 (May 11, 2010)
(State Appeals; Evidence, Sufficiency) Magistrate’s ruling suppressing evidence was final and State did not timely appeal the ruling. District Court’s reliance on that ruling to suppress additional evidence as "fruit of the poisonous tree" was not an abuse of discretion. State Appeal denied.

Sutton, Sheila Ann v. State, COCA Case No. F-2004-332 (August 11, 2005)
(Evidence, Sufficiency; Jury Instructions, Lesser Offenses) Mere presence at a crime scene does not make a person liable for a crime. Count for Knowingly Concealing Stolen Property reversed with Instructions to Dismiss. Jury given definition of petit larceny without any instruction as to lesser included offenses limiting jury’s ability to find defendant guilty of lesser included offense. Count for Grand Larceny modified to Petit Larceny, sentence modified to 2 years.

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.
 

T.A.G. v. State, COCA Case No. J-2000-452, (Oct. 6, 2000)
(Juvenile Adjudication, Sufficiency of Evidence)

Tallon, Jeffery v. State, COCA Case No. F-2014-931 (March 29, 2016)
(Evidence, Sufficiency) Finding of prior conviction not supported by the evidence. Reversed and remanded for resentencing.

T.C.S. v. State, COCA Case No. J-2003-1180 (April 1, 2004)
(Juvenile Adjudication/ Acceleration; Evidence - Sufficiency) With no evidence to corroborate the testimony of alleged accomplice, insufficient evidence to support conviction. Reversed and remanded for new trial.

Teafatiller, Timothy Purcell v. State, COCA Case No. F-2005-366 (June 9, 2006) (Evidence, Sufficiency) Drugs which formed the basis of the charge against defendant were destroyed by OSBI at the direction of the sheriff, without defense being given the opportunity to test it. Reversed and remanded.

Thompson, Charles v. State, COCA Case No. M-2007-0118 (February 13, 2008
(Evidence, Sufficiency) Conviction for public drunkenness reversed with instructions to dismiss; evidence insufficient.

Thompson, Kristie Kay v. State, COCA Case No. F-2008-97 (June 24, 2009)
(Evidence, Sufficiency) Evidence was insufficient to prove child neglect. Reversed with instructions to dismiss.

Thornbrugh, Matthew v. State, COCA Case No. F-2008-287 (March 25, 2009) (Evidence, Sufficiency) Mere possession of a radio capable of receiving police transmissions is not sufficient to prove that it was "operated." Reversed with instructions to dismiss.

Tiger, Charles Clarence v. State, COCA Case No. F-2004-1127 (March 6, 2006)   (Double Jeopardy/Double Punishment; Evidence, Sufficiency) Two counts in multi-count case reversed with instructions to dismiss. Simultaneous convictions for first degree burglary and robbery with a firearm violate statutory provision against double punishment; also evidence was insufficient for conspiracy to commit second degree burglary.

Turner, Michael Gerald v. State F-2001-1243 (December 20, 2002)
(Evidence - Sufficiency) Convictions for Personal Injury DUI and DUI reversed and dismissed. Blood test administered beyond two hours of arrest inadmissible.

Vinson, Billy v. State, COCA Case No. F–1998-934 (Aug. 21, 2000)
(Restitution of Jail Costs; Insufficient Evidence)

Wade, James Alan v. State, COCA Case No. F-2004-1238 (March 3, 2006)  (Evidence, Sufficiency) Conviction for embezzlement of rented property (a car) reversed and dismissed for insufficient evidence of the value of property allegedly embezzled.

Wages, Christian v. State, COCA Case No. M-2017-954 (March 7, 2019)
(Evidence, Sufficiency) Domestic Abuse assault and battery modified to simple assault and battery because of inadmissible hearsay as to the living situation of the parties.

Ware, James Earl v. State, COCA Case No. F-2004-1147 (June 14, 2006)  (Evidence, Sufficiency) One count of Lewd Molestation reversed with instructions to dismiss due to insufficient evidence.

Watson, William Antwyoe v. State, COCA Case No. F-2004-430 (January 13, 2006)
(Evidence, Sufficiency) Manslaughter I conviction reversed and dismissed because evidence was insufficient to overcome defense of self-defense.

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.

Wells, Dustin, F-2000-805, (Oct. 18, 2001)
(Evidence, Sufficiency, Assault with Dangerous Weapon)

Williams, Michael David v. State, COCA Case No. M-2006-1334 (May 14, 2008)
(Evidence, Sufficiency) Evidence insufficient to support conviction for one of two counts of domestic abuse. Reversed with instructions to dismiss.

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.)

State v. Zilm, Adam Clayton, COCA Case No. S-2014-812 (August 6, 2015)
(State Appeals; Evidence, Sufficiency) Lower court order suppressing child hearsay evidence based on insufficient evidence of reliability affirmed.