OKLAHOMA
Indigent Defense System

 

 

 

 

 

  EXCESSIVE SENTENCING

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.)

Fields, Ernie v. State, COCA Case No. RE-2000-1209, (January 7, 2002)
(Revocation, Excessive Sentence)

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.

Fultz, Roger Dale v. State, COCA Case No. RE-2001-0351 (January 25, 2002)
(Revocation, Excessive Sentence)

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.)

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

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

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.

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.)