Monthly
Unpublished Opinions Issued
Where Relief was Granted
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April 1999
May 1999
April 2023
Daukei-Cole, Dustin,
COCA Case No.
SR-2022-250 (April 20, 2023)
(State) State appeal, dismissed. Leaves standing the trial court’s adherence to
the statute allowing for only a one year revocation in possession of controlled
distribution of a substance case.
March 2023
Miller,
Jr., Vernon Shawn, COCA
Case No. RE-2021-1290
(March 23, 2023) (Revocation / Accelerating Decisions) Affirmed but
post-imprisonment supervision added at revocation hearing vacated.
February 2023
Hill, Starlyn Sean,
COCA Case No.
C-2021-504 (February 9, 2023)
(Certiorari; Guilty Plea Decisions; Statute of Limitations) Client entered blind
plea to nineteen counts of a variety of sex crimes, ten of which the Oklahoma
Court of Criminal Appeals found were outside the state of limitations. Plea was
not knowing and voluntary under these circumstances. Client allowed to withdraw
plea to all counts. Statute of limitations is a jurisdictional bar to
prosecution, not merely an affirmative defense.
January 2023
Buttery, Matthew Bryan COCA Case No.
RE-2021-1042 (January 19,
2023) (Revocation; Sentencing) The trial court erred in ordering the sentence
being revoked to be served consecutively to a sentence imposed in a case the day
AFTER the suspended sentence was originally imposed. The subsequent sentence was
ordered to be served concurrently to the first. Upon the revocation of the first
sentence, judge does not have the authority to order the sentences in separate
cases to be served consecutively. Thus, the revocation will run concurrent to
the four years in the second case, rather than consecutively.
Struble, Aaron,
COCA Case No. F-2021-1220 (February 16,
2023) (Direct; Sentencing)
Sentence modified from life to fifty years. Fifty years was the jury verdict,
and Mr. Struble could discharge the term of years, but could not discharge a
life sentence.
December 2022
Rhynard, Joshua Kyle
COCA Case No.
S-2022-41 (December
15, 2022) (State Appeal;
Evidence) Upheld a suppression of evidence derived from a bad search in Kay
County. The State failed to invoke the Court’s jurisdiction and the brief did
not meet the requirements of Rule 3.5.
Wilson, Jr., Robert Willie
COCA Case No.
F-2021-554 (December 15,
2022) (Direct; Evidence) A felony
count of accessory to third degree burglary with a twenty year sentence reversed
and remanded with instructions to dismiss for insufficient evidence. State’s
evidence “established a mere suspicion of Appellant’s guilt, not proof beyond a
reasonable doubt...” Misdemeanor or “carrying weapons” with a six-month sentence
was affirmed.
November 2022
Jackson, Jimmy Dale
COCA Case No.
RE-2021-1202 (November 10, 2022)
(Revocation; Due Process) Modified from Twenty years to the six months allowed
for technical violations. Court finds special conditions of sex offender
probation were never imposed.
October 2022
Toppah, Trevor Leif
COCA Case No.
F-2021-522 (October
6, 2022) (Direct; Fines, Fees,
and Costs) Remanded for modification of OIDS fee.
September 2022
None.
August 2022
Forsyth, Kyle Robert,
COCA Case
No. F-2021-785 (August 25, 2022)
(Direct; Sentencing) Affirmed but remanded for hearing to determine whether
trial court erred in denying credit for time served.
Jacobs, Charles Issac,
COCA Case
No. F-2019-912 (August 25,
2022) (Direct; Fines,
Fees, and Costs) Remanded for Judgment and Sentence to remove five-hundred
dollar fine that was not included in the sentencing pronouncement.
Toppah, Trevor,
COCA Case
No. F-2021-522 (August 4, 2022)
(Direct; Fines, Fees, and Costs) OIDS fee cut in half because it exceeded
statutory maximum.
Wills, Preston Lee,
COCA Case
No. F-2021-49 (August 18, 2022)
(Direct; Double Jeopardy; Double Punishment) Granted relief on a
double-punishment issue. Count 2, Assault and Battery With a Deadly Weapon, and
the corresponding 10 year sentence, vacated.
Zeiset, Eric,
COCA Case
No. F-2021-636 (August 4, 2022)(Direct;
Jury Instructions) Failure to give instruction on elements of the offense of
using a security camera in the commission of a felony required reversal for new
trial.
July 2022
Fuller, Airick William,
COCA Case
No. F-2021-123 (July 7, 2022)
(Direct; Sentencing) Court sends back for a Nunc Pro Tunc Judgment and Sentence
to reflect the judge’s order that sentences were to be served concurrently.
June 2022
Dawkins, Michael Ray,
COCA Case
No. F-2021-211 (June 30, 2022)
(Direct; Double Jeopardy; Double Punishment) Double punishment found for both
Assault and Battery with Deadly Weapon and Maiming from a single act of
shooting. Maiming, 45 year sentence, reversed with instructions to dismiss.
Summers, April Dawn,
COCA Case
No. C-2021-163 (June 23, 2022)
(Certiorari; Guilty Plea Decisions; Fines, Fees, and Costs) Case remanded in a
guilty plea case for determination of whether client was exempt from
incarceration costs due to mental illness.
Walker, Raheem Travon,
COCA Case
No. C-2020-691 (June 9, 2022)
(Certiorari; Guilty Plea Decisions) Case remanded to Muskogee County to allow
withdraw of his pleas because he did not receive benefit of his plea bargain.
Trial counsel ineffective for not raising it below.
May 2022
Rice, Kaylen Harrison,
COCA Case
No. RE-2020-501 (May 26, 2022)
(Revocation; Sentencing; Statute of Limitations) The Court to vacate the
post-imprisonment supervision imposed at the revocation hearing, and also turned
back the State’s constitutional challenge to the statute limiting the time to
serve upon revocation to the current sentencing range. That is drug possession
cases can only be revoked for one year since that’s now the sentence cap.
April 2022
Bennett, Joseph Scott,
COCA Case No. F-2020-818 (April
28, 2022) (Direct/McGirt/Cherokee Nation) The Court found that the Appellant is
a member of a federally recognized tribe and that the crime occurred within the
Cherokee Reservation. Because of that, the Court ruled that the District Court
did not have jurisdiction and remanded the case with instructions to dismiss.
March 2022
None.
February 2022
Brown, Julie Lynn,
COCA Case No. C-2021-218 (February
3, 2022) (Certiorari) The Court found that the client was not present at the
Motion to Withdraw Plea, a critical stage of the proceedings. Reversed for a new
hearing on the motion.
January 2022
Shomo, Dewayne,
COCA Case No. F-2020-510 (January 13,
2022) (Direct/McGirt/Choctaw Nation) The Court found that the Appellant is a
member of a federally recognized tribe and that the crime occurred within the
Choctaw Reservation. Because of that, the Court ruled that the District Court
did not have jurisdiction and remanded the case with instructions to dismiss.
Wadkins, Robert Eric,
COCA Case No.
F-2018-790 (January 20, 2022) (Direct/McGirt/ Choctaw Nation) The Court
found that the Appellant is a member of a federally recognized tribe and that
the crime occurred within the Choctaw Reservation. Because of that, the Court
ruled that the District Court did not have jurisdiction and remanded the case
with instructions to dismiss.
December 2021
Sam, Emmitt G.,
COCA Case No.
F-2017-1300 (December 2, 2021)
(Direct/McGirt Ruling/Muskogee Creek
Nation) The Court found that the Appellant is a member of a federally recognized
tribe and that the crime occurred within the Muscogee Creek Reservation Because
of that, the Court ruled that the District Court did not have jurisdiction and
remanded the case with instructions to dismiss.
November 2021
None.
October 2021
Brewer, Michael
Dean,
COCA Case No.
F-2018-1011 (October 21, 2021)
(Direct; Excessive Sentence) Conviction affirmed but fine vacated as plain error
because statute for 3rd
degree arson allows fine or
imprisonment, but not both.
Dumas, Shilow Lynn,
COCA Case No.
F-2019-950 (October 21, 2021)
(Direct; Excessive Sentence) Affirming conviction but vacating $1,000 fine.
Since jury didn’t return a fine with the verdict, it was improper for the Judge
to order a fine.
Lawhorn, Jeremy (State
v.),
COCA Case No.
S-2020-858(October
21, 2021) (State Appeal)
Affirming dismissal of prosecution of Indian on Quapaw reservation in Ottawa
County.
Norton, Kenneth Joe,
COCA Case No.
RE-2020-398
(October 21, 2021) (Revocation;
Modified) Revocation for a crime that was converted to a misdemeanor after the
initial suspended sentence was imposed and was modified from 10 years to 1 year
based on 22 O.S. 991b(G).
Sims, Shaynna,
COCA Case No.
F-2017-635 (October 7, 2021)
(Direct/McGirt/Muskogee Creek Nation) The Court found that the victim was a
member of the federally recognized tribe and that the crime occurred within the
Muscogee Creek Reservation. Because of that, the Court ruled that the District
Court did not have jurisdiction and remanded the case with instructions to
dismiss.
Wadkins, Robert
Eric,
COCA Case No.
F-2018-790 (October 28, 2021)
(Direct/McGirt/Choctaw Nation)
The Court found that the Appellant is a member of a federally recognized tribe
and that the crime occurred within the Choctaw Reservation. Because of that, the
Court ruled that the District Court did not have jurisdiction and remanded the
case with instructions to dismiss.
September 2021
Ford, Katlin Maye,
COCA Case No.
RE-2020-452 (September 30, 2021)
(Revocation) Revocation order
vacated because there was no valid waiver of the statutory right to counsel.
McClellan, Jeffrey Montrell
Alexander, COCA Case No.
C-2020-668
(September 30, 2021) (Certiorari)
Remanded for a new hearing on McClellan’s application to withdraw plea with
separate, conflict free counsel.
Olive, Patrick Wayne,
COCA Case No.
F-2019-496 (September 30,
2021) (Direct/ McGirt/Muskogee
Creek Nation) The Court found that the Appellant is a member of a federally
recognized tribe and that the crime occurred within the Muscogee Creek
Reservation. Because of that, the Court ruled that the District Court did not
have jurisdiction and remanded the case with instructions to dismiss.
Purdom,
Joshua Lee,
COCA Case No. F-2019-854
(September 23, 2021) (Direct/McGirt/Muskogee Creek Nation) The Court found that
the victim is a member of a federally recognized tribe and that the crime
occurred within the Muscogee Creek Reservation. Because of that, the Court ruled
that the District Court did not have jurisdiction and remanded the case with
instructions to dismiss.
August 2021
Coffman, Stewart Wayne,
COCA Case No. F-2018-1268
(August 26, 2021)
(Direct/McGirt Ruling/Choctaw Nation) The Court found that the Choctaw Nation is
a federally recognized tribe and that the crime occurred within the Choctaw
Nation Reservation. Because of
that, the Court ruled that the District Court did not have jurisdiction and
remanded the case with instructions to dismiss.
Perales, Samantha Ann,
COCA Case No. F-2018-383
(August 12, 2021)
(Direct/McGirt Ruling/Cherokee Nation) The Court found that the Cherokee Nation
is a federally recognized tribe and that the crime occurred within the Cherokee
Nation Reservation. Because of
that, the Court ruled that the District Court did not have jurisdiction and
remanded the case with instructions to dismiss.
July 2021
None.
June 2021
Ball, Jr., Floyd Joseph,
COCA Case No. F-2020-54
(June 3, 2021)
(Direct/McGirt Ruling/Choctaw Nation) The Court found that the Choctaw Nation is
a federally recognized tribe and that the crime occurred within the Choctaw
Nation Reservation. Because of that, the Court ruled that the District Court did
not have jurisdiction and remanded the case with instructions to dismiss.
Little, Justin Dale,
COCA Case No. F-2020-125 (June
17, 2021)
(Direct/McGirt Ruling/Muscogee Creek Nation) The Court found that the Muscogee
Creek Nation is a federally recognized tribe and that the crime occurred within
the Muscogee Creek Reservation. Because of that, the Court ruled that the
District Court did not have jurisdiction and remanded the case with instructions
to dismiss.
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.
May 2021
Cottingham, Terrance,
COCA Case No. F-2017-1294
(May 6, 2021)
(Direct/McGirt Ruling/Cherokee Nation) The Court found that the Cherokee Nation
is a federally recognized tribe and that the crime occurred within the Cherokee
Nation Reservation. Because of that, the Court ruled that the District Court did
not have jurisdiction and remanded the case with instructions to dismiss.
Martin,
Laurie Jean,
COCA Case No. F-2017-991 (May 27,
2021)
(Direct/McGirt Ruling/Chickasaw Nation) The Court found that the Chickasaw
Nation is a federally recognized tribe and that the crime occurred within the
Chickasaw Nation Reservation. Because of that, the Court ruled that the District
Court did not have jurisdiction and remanded the case with instructions to
dismiss.
April 2021
Bain, Nacole
Ryan,
COCA Case No. C-2019-853 (April 1,
2021)
(Direct/McGirt Ruling/Muscogee Creek Nation) The Court found that the Muscogee
Creek Nation is a federally recognized tribe and that the crime occurred within
the Muscogee Creek Reservation. Because of that, the Court ruled that the
District Court did not have jurisdiction and remanded the case with instructions
to dismiss.
Ball
Jr., Floyd Joseph,
COCA Case No. C-2019-263 (April 1,
2021)
(Certiori/McGirt Ruling/Cherokee Nation) The Court found that Petitioner is a
member of the Cherokee Nation and was so at the time of the crimes, and that the
Cherokee Nation is an Indian Tribal Entity recognized by the federal government.
Because of that, the Court ruled that the District Court did not have
jurisdiction and remanded the case with instructions to dismiss.
Beck,
Joses Ric-E,
COCA Case No. F-2019-115 (April 8,
2021)
(Direct/McGirt/Chickasaw Nation) The Court found that the Chickasaw Nation is a
federally recognized tribe and that the crime occurred within the Chickasaw
Nation Reservation. They also found that Appellant had Chickasaw blood and was
an enrolled member at the time of the crime. Because of that, the Court ruled
that the District Court did not have jurisdiction and remanded the case with
instructions to dismiss.
Castro-Huerta, Victor M.,
COCA Case No. F-2017-1203 (April
29, 2021)
(Direct/McGirt/Cherokee Nation/victim apart of Indian tribe) The Court found
that the Cherokee Nation is a federally recognized tribe and that the crime
occurred within the Cherokee Nation Reservation. They also found that the victim
had Cherokee blood and was an enrolled member at the time of the crime. Because
of that, the Court ruled that the District Court did not have jurisdiction and
remanded the case with instructions to dismiss.
Cooper, Charles Michael,
COCA Case No. F-2018-830
(April 8, 2021)
(Direct/McGirt/Chickasaw Nation) The Court found that the Chickasaw Nation is a
federally recognized tribe and that the crime occurred within the Chickasaw
Nation Reservation. They also found that Appellant had Chickasaw blood and was
an enrolled member at the time of the crime. Because of that, the Court ruled
that the District Court did not have jurisdiction and remanded the case with
instructions to dismiss.
Epperson, Bea Ann,
COCA Case No. F-2017-336 (April 8,
2021)
(Direct/McGirt/Cherokee Nation) The Court found that the Cherokee Nation is a
federally recognized tribe and that the crime occurred within the Cherokee
Nation Reservation. They also found that Appellant had Cherokee blood and was an
enrolled member at the time of the crime. Because of that, the Court ruled that
the District Court did not have jurisdiction and remanded the case with
instructions to dismiss.
Fox,
Dakota Shay,
COCA Case No. F-2019-196 (April 29,
2021)
(Direct/McGirt/Choctaw Nation) The Court found that the Choctaw Nation is a
federally recognized tribe and that the crime occurred within the Choctaw Nation
Reservation. They also found that Appellant had Choctaw blood and was an
enrolled member at the time of the crime. Because of that, the Court ruled that
the District Court did not have jurisdiction and remanded the case with
instructions to dismiss.
Harjo,
Joseph Stanley,
COCA Case No. F-2017-889 (April
1, 2021)
(Direct/McGirt Ruling/Muscogee Creek Nation) The Court found that the Muscogee
Creek Nation is a federally recognized tribe and that the crime occurred within
the Muscogee Creek Reservation. They also found that Appellant is 1/4th degree
Indian blood and is an enrolled member of the Muscogee Creek Reservation.
Because of that, the Court ruled that the District Court did not have
jurisdiction and remanded the case with instructions to dismiss.
Janson, Matthew Steven,
COCA Case No. C-2017-1027
(April 1, 2021)
(Certiori/McGirt Ruling/Cherokee Nation) The Court found that Petitioner is a
member of the Cherokee Nation and was so at the time of the crimes, and that the
Cherokee Nation is an Indian Tribal Entity recognized by the federal government.
Because of that, the Court ruled that the District Court did not have
jurisdiction and remanded the case with instructions to dismiss.
Johnson, Ryan Cortland,
COCA Case No. F-2020-208 (April
1, 2021)
(Direct/McGirt Ruling/Muscogee Creek Nation/Chickasaw Nation) The Court found
that the Muscogee Creek Nation is a federally recognized tribe and that the
crime occurred within the Muscogee Creek Reservation. They also found that
Appellant had Chickasaw blood and was an enrolled member at the time of the
crime. Because of that, the Court ruled that the District Court did not have
jurisdiction and remanded the case with instructions to dismiss.
Jones, Jeffrey Arch,
COCA Case No. F-2017-1245 (April
8, 2021)
(Direct/McGirt/Cherokee Nation/Creek Nation) The Court found that the Cherokee
Nation and Creek Nation are federally recognized tribes and that the crime
occurred within the Creek Nation boundaries. They also found that Appellant had
Cherokee blood and was an enrolled member at the time of the crime. Because of
that, the Court ruled that the District Court did not have jurisdiction and
remanded the case with instructions to dismiss.
Martin, David,
COCA Case No. F-2016-1030 (April
29, 2021)
(Direct/McGirt/Muscogee Creek Nation) The Court found that the Muscogee Creek
Nation is a federally recognized tribe and that the crime occurred within the
Muscogee Creek Nation Reservation. They also found that Appellant had Muscogee
blood and was an enrolled member at the time of the crime. Because of that, the
Court ruled that the District Court did not have jurisdiction and remanded the
case with instructions to dismiss.
McCombs, Sonny Raye,
COCA Case No. F-2017-1000 (April
29, 2021)
(Direct/McGirt Ruling/Muscogee Creek Nation) The Court found that the Muscogee
Creek Nation is a federally recognized tribe and that the crime occurred within
the Muscogee Creek Reservation. Because of that, the Court ruled that the
District Court did not have jurisdiction and remanded the case with instructions
to dismiss.
McDaniel, Shawn Lee,
COCA Case No. F-2017-357 (April
29, 2021)
(Direct/McGirt/Cherokee Nation/victim apart of Indian tribe) The Court found
that the Cherokee Nation is a federally recognized tribe and that the crime
occurred within the Cherokee Nation Reservation. They also found that the victim
had Cherokee blood and was an enrolled member at the time of the crime. Because
of that, the Court ruled that the District Court did not have jurisdiction and
remanded the case with instructions to dismiss.
Perry
II, Robert William,
COCA Case No. F-2020-46 (April
1, 2021)
(Direct/McGirt Ruling/Muscogee Creek Nation) The Court found that the Muscogee
Creek Nation is a federally recognized tribe and that the crime occurred within
the Muscogee Creek Reservation. Because of that, the Court ruled that the
District Court did not have jurisdiction and remanded the case with instructions
to dismiss.
Shriver, Dakota,
COCA Case No. F-2017-1279
(April 29, 2021)
(Direct/McGirt/Cherokee Nation) The Court found that the Cherokee Nation is a
federally recognized tribe and that the crime occurred within the Cherokee
Nation Reservation. They also found that Appellant had Cherokee blood and was an
enrolled member at the time of the crime. Because of that, the Court ruled that
the District Court did not have jurisdiction and remanded the case with
instructions to dismiss.
Stewart, Travis Day,
COCA Case No. C-2017-1223 (April
8, 2021)
(Direct/McGirt/Creek Nation) The Court found that the Creek Nation is a
federally recognized tribe and that the crime occurred within the Creek Nation
boundaries. They also found that Petitioner had Creek blood and was an enrolled
member at the time of the crime. Because of that, the Court ruled that the
District Court did not have jurisdiction and remanded the case with instructions
to dismiss.
March 2021
Collins,
Joseph Willis, COCA Case No.
F-2019-369 (March 4, 2021)
(Fines, Fees, and Costs) Plain error in restitution awarded without evidence
substantiating the amount, and plain error in setting an OIDS fee above the
statutory max.
Davis, Donta
Keith, COCA Case No.
F-2019-420 (March 18, 2021)
(Direct/McGirt Ruling/Muscogee Creek Nation) The Court found that the Muscogee
Creek Nation is a federally recognized tribe and that the crime occurred within
the Muscogee Creek Reservation. Because of that, the Court ruled that the
District Court did not have jurisdiction and remanded the case with instructions
to dismiss.
Howell,
Arnold Dean, COCA Case No.
C-2017-998 (March 18, 2021)
(Certiori/McGirt Ruling/Muscogee Creek Nation) The Court found that the Muscogee
Creek Nation is a federally recognized tribe and that the crime occurred within
the Muscogee Creek Reservation. Because of that, the Court ruled that the
District Court did not have jurisdiction and remanded the case with instructions
to dismiss.
Jackson IV,
Grant N., COCA Case No.
F-2016-453 (March 18, 2021)
(Direct/McGirt Ruling/Muscogee Creek Nation) The Court found that the Muscogee
Creek Nation is a federally recognized tribe and that the crime occurred within
the Muscogee Creek Reservation. Because of that, the Court ruled that the
District Court did not have jurisdiction and remanded the case with instructions
to dismiss.
Kepler,
Shannon James, COCA Case No.
F-2017-1186 (March 18, 2021)
(Direct/McGirt Ruling/Muscogee Creek Nation) The Court found that the Muscogee
Creek Nation is a federally recognized tribe and that the crime occurred within
the Muscogee Creek Reservation. Because of that, the Court ruled that the
District Court did not have jurisdiction and remanded the case with instructions
to dismiss.
Mitchell,
Jordan Batice, COCA Case No.
F-2018-78 (March 18, 2021)
(Direct/McGirt Ruling/Muscogee Creek Nation) The Court found that the Muscogee
Creek Nation is a federally recognized tribe and that the crime occurred within
the Muscogee Creek Reservation. Because of that, the Court ruled that the
District Court did not have jurisdiction and remanded the case with instructions
to dismiss.
Mize II,
Johnny Edward, COCA Case No.
F-2019-68 (March 25, 2021)
(Direct/McGirt Ruling/Muscogee Creek Nation) The Court found that the Muscogee
Creek Nation is a federally recognized tribe and that the crime occurred within
the Muscogee Creek Reservation. Because of that, the Court ruled that the
District Court did not have jurisdiction and remanded the case with instructions
to dismiss.
Nichols,
Jade Christian, COCA Case No.
RE-2019-850 (March 25, 2021)
(Revocation/Due Process) Special Judge at the revocation hearing had represented
the client at the original plea hearing, so he was not neutral and detached.
Starr,
Jimmie Dewayne, COCA Case No.
C-2018-640 (March 18, 2021)
(Certiori/McGirt Ruling/Muscogee Creek Nation) The Court found that the Muscogee
Creek Nation is a federally recognized tribe and that the crime occurred within
the Muscogee Creek Reservation. Because of that, the Court ruled that the
District Court did not have jurisdiction and remanded the case with instructions
to dismiss.
Williams,
Erik Sherney, COCA Case No.
F-2016-937 (March 25, 2021)
(Direct/McGirt Ruling/Muscogee Creek Nation) The Court found that the Muscogee
Creek Nation is a federally recognized tribe and that the crime occurred within
the Muscogee Creek Reservation. Because of that, the Court ruled that the
District Court did not have jurisdiction and remanded the case with instructions
to dismiss.
February 2021
None.
January 2021
Sanchez,
Jose Abraham,
COCA Case No. RE-2019-683 (Jan.
21, 2021)
(Revocation/Suspended Sentence) Revocation based on technical violations. Trial
court is prohibited from revoking a probationer’s suspended sentenced based on a
probation violation that occurred after the suspended sentence has expired.
Sibok,
Michael,
COCA Case No. C-2019-815 (Jan. 14, 2021)
(Certiori/Guilty Plea Decisions/Pro Se/Right to Counsel) Petitioner was forced
into self representation at the motion to withdraw plea. The record failed to
establish that Petitioner waived the right to counsel for the hearing at the
motion to withdraw guilty plea.
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.”
December 2020
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.
November 2020
None.
October 2020
Dunham, Kimberli
Sue, COCA Case
No. F-2019-149 (Oct. 8, 2020)
(Drug Court) Drug Court termination affirmed, but case remanded to advise
defendant re: right to
move to withdraw pleas.
September 2020
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.
McConell, Jerome
Matthew, COCA
Case No.
F-2019-605 (Sept. 10, 2020) (Drug Court/Sentencing) Trial court cannot
impose rules and conditions of probation or payment of DA prosecution costs when
defendant is sentenced to serve entire 30-month term in prison. Plain error
found, probation guidelines ordered vacated.
August 2020
Cato, Spencer v. State, COCA Case No.
F-2019-82 (August 27, 2020) (Double
Jeopardy/ Double Punishment) Count dismissed due on double punishment grounds;
Possession of Firearm AFC and Possession of Firearm in Commission of Felony
involved same weapon at the same time.
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.
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.
July 2020
C.L.P. v. State, COCA Case No.
J-2020-87 (July 30, 2020) (Juvenile Adjudication/Certification) Adjudication
on forcible sodomy vacated and modified to alternate theory of lewd
proposals/acts.
Hart, Daniel Lee v. State, COCA Case No.
RE-2019-19 (July 30, 2020)
(Revocation/Acceleration Decisions; Due Process) Revocation hearing held without
client violated due process. Reversed and remanded for new hearing.
Kwe Kwe, Henry Warren v. State, COCA Case No.
F-2019-417 (July 30, 2020) (Fines,
Fees and Costs) VCA vacated on one count for not being statutorily authorized.
Macaulay, Olubanji Milton v. State, COCA Case No.
F-2018-894 (July 2, 2020) (Double
Jeopardy/Double Punishment) Seven convictions for counts of possession of
counterfeit identifications in two separate containers violate prohibition
against double punishment. Five counts reversed and remanded with instructions
to dismiss.
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.
Russell, Scotty Dewayne v. State, COCA Case No.
F-2018-1049 (July 23, 2020) (Fines,
Fees and Costs) VCA reversed and remanded for hearing re: statutory
requirements.
June 2020
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.
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.
May 2020
None.
April 2020
Leatherwood, Travis Michael v. State, COCA Case No.
F-2018-1263 (April 2, 2020)
(Restitution) Remanded for a proper hearing on the amount of restitution.
March 2020
Ahmad, Taheerah Ayesha v. State, COCA Case No.
C-2019-489 (March 26, 2020)
(Fines, Fees and Costs; Guilty Plea Decisions) Certiorari denied but remanded to
district court to correct Judgment and Sentence to vacate costs.
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.
February 2020
None.
January 2020
Gonzales, Arnulfo Campos v. State, COCA Case No.
F-2018-989 (January 9, 2020)
(Double Jeopardy/Double Punishment) Convictions for both conspiracy to traffic
and conspiracy to distribute the same methamphetamine violate prohibition
against double punishment. Conspiracy to distribute conviction reversed with
instructions to dismiss.
Williams, Ronald Fitzgerald v. State, COCA Case No.
C-2018-1167 (January 23, 2020)
(Guilty Plea Decisions; Due Process) Remanded for new hearing on motion to
withdraw plea because defendant was not present and did not waive presence at
the hearing.
December 2019
Fairley, Ganey Marques v. State, COCA Case No.
F-2017-1215 (December 5, 2019)
(Prosecutorial Misconduct; Abuse of Discretion) Evidence of prior abuse
allegation presented to jury solely through prosecution’s cross-examination was
more prejudicial than probative. Remanded for resentencing.
November 2019
Herrera, Hipolito John v. State, COCA Case No.
C-2018-1184 (November 7, 2019)
(Guilty Plea Decicions) Petitioner misadvised by plea counsel regarding probable
maximum sentence so plea not freely, knowingly and intelligently entered.
Rogers, Eric Ryan v. State, COCA Case No. C-2018-687 &
C-2018-688 (November 7, 2019)
(Guilty Plea Decicions; Fines, Fees and Costs) Remanded to modify assessments
and determine if defendant is mentally ill, and thus exempt from paying
incarceration fees.
October 2019
Banks, Talisa Nicole v. State, COCA Case No.
C-2018-415 (October 31, 2019)
(Guilty Plea Decicions; Ineffective Assistance of Counsel) Error for same
counsel at plea and motion to withdraw plea hearings. Remanded for appointment
of conflict-free counsel and new hearing on motion to withdraw plea.
Beaty, Steven Joseph v. State, COCA Case No.
C-2018-1174 (October 31, 2019)
(Guilty Plea Decicions; Fines, Fees and Costs) Victim Compensation Assessments
vacated and remanded to the District Court for a hearing to include all required
factors listed in 22 O.S.2011, § 142.18(A).
Broomhall, John v. State, COCA Case No.
F-2018-349 (October 31, 2019)
(Restitution; Abuse of Discretion) Restitution vacated and remanded for proper
hearing.
Dage, Daniel Ross v. State, COCA Case No.
F-2018-690 (October 10, 2019)
(Abuse of Discretion; Bench Trial) Record did not show right to jury trial was
knowingly and voluntarily waived. Reversed and remanded for a jury trial.
Hayes, Charles Randall v. State, COCA Case No.
F-2018-175 (October 31, 2019)
(Double Jeopardy / Double Punishment) Convictions for both manslaughter while
driving under the influence of drugs and misdemeanor driving while under the
influence of drugs violate prohibition against double jeopardy. Misdemeanor
conviction reversed and remanded with instructions to dismiss.
Tofflemire, David Anthony v. State, COCA Case No.
F-2018-269 (October 3, 2019)
(Fines, Fees and Costs) OIDS fee vacated because retained counsel throughout
trial.
September 2019
Bell, Dakota Michael Shane v. State, COCA Case No.
RE-2018-855 (September 26, 2019)
(Revocation/Acceleration Decisions) Credit given for time served when suspended
sentence imposed must be included at revocation. Post-imprisonment cannot be
imposed at time of revocation. Amended judgment and sentence filed to correct
these errors.
Nava-Guerra, Juan Jose v. State, COCA Case No.
F-2018-313 (September 12, 2019)
(Fines, Fees and Costs) OIDS fee reduced because OIDS did not represent
individual at trial.
State v. David Flores Villanueva, COCA Case No.
S-2018-1227 (September 26, 2019)
(State Appeals) Trial court did not abuse its discretion in granting demurrer to
one of two charges.
Tarver, Charles Henry Jr. v. State, COCA Case No.
F-2018-542 (September 26, 2019)
(Search and Seizure; Abuse of Discretion) Evidence found should have been
suppressed because traffic stop extended beyond Constitutionally permissible.
Abuse of Discretion in allowing unlawfully seized evidence. Reversed and
remanded with instructions to dismiss.
Wilkerson, Anthony Dean Jr. v. State, COCA Case No.
F-2017-1176 (September 5, 2019)
(Fines, Fees and Costs) Fine not orally imposed at sentencing vacated.
August 2019
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.
July 2019
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.
Walker, Adrian Luis v. State, COCA Case No.
F-2017-1232 (July 18, 2019)
(Double Jeopardy/Double Punishment) Conviction for both felony murder and the
underlying felony violates section 11 prohibition on double punishment, and
requires dismissal of conviction of the felony used as element of the murder
conviction.
June 2019
Johnson, Rayvon Latroy v. State, COCA Case No.
C-2018-675 (June 6, 2019)
(Guilty Plea Decisions; Abuse of Discretion; Ineffective Assistance of Counsel)
Trial court abused discretion in not verifying that motion to withdraw plea was
filed out of time. Counsel found ineffective for failing to check the dates.
Jones, Steven Terrell v. State, COCA Case No.
F-2018-375 (June 13, 2019)
(Sentence, Excessive) Sentence exceeded statutory maximum and was modified.
Ruppel, Bobby Lee v. State, COCA Case No.
F-2018-513 (June 27, 2019)
(Abuse of Discretion; Fines, Fees And Costs) Restitution vacated and remanded to
the district court for a proper determination on the issue of loss.
May 2019
State v. Davis, Anthony Cole, COCA Case No.
S-2018-613 (May 2, 2019)
(State Appeals; Abuse of Discretion) District Judge did not abuse discretion in
granting Motion to Dismiss.
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.
April 2019
State v. Niles, Jr., Jerry Lee, COCA Case No.
S-2018-950 (April 4, 2019)
(State Appeals) District judge’s ruling that there was insufficient evidence to
find probable cause is affirmed.
March 2019
Duvall, Denisa Dawn v. State, COCA Case No.
C-2018-648 (March 28, 2019)
(Guilty Plea Decisions; Right to Counsel) Petitioner was denied assistance of
counsel when attempting to withdraw her plea. Certiorari granted. Remanded for
new hearing on motion to withdraw plea.
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.
February 2019
Codynah, Joshua Tony v. State, COCA Case No.
C-2018-55 (February 28, 2019)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Remanded for new
hearing on motion to withdraw plea due to actual conflict of counsel at the
withdrawal hearing.
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.
Freeman, Shawn Conrad v. State, COCA Case No.
F-2017-758 (February 7, 2019)
(Fines, Fees and Costs) Remanded for Nunc Pro Tunc where Trial Court imposed
$1,000 fine but J&S imposed $10,000 fine.
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.
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.
January 2019
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.
State v. M.W., COCA Case No.
JS-2018-0917 (January 3, 2019)
(State Appeals; Juvenile Adjudication/Certification) District judge’s ruling
certifying accused for trial as juvenile affirmed.
December 2018
Altobella, Teresa Lorena v. State, COCA Case No.
C-2017-567 (December 27, 2018)
(Guilty Plea Decisions; Right to Counsel) Client forced to submit and litigate
motion to withdraw plea without assistance of counsel. Remanded for new hearing
with conflict-free counsel.
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.
Myers, Clinton Lee v. State, COCA Case No.
C-2018-441 (December 20, 2018)
(Guilty Plea Decisions; Fines, Fees and Costs) Nunc pro tunc ordered to reflect
fine of $25,000 instead of $250,000.
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.
November 2018
Cox, Najee Jamall v. State, COCA Case No.
MA-2018-987 (November 16, 2018)
(Abuse of Discretion; Fines, Fees and Costs) The court has numerous avenues for
assessing the cost of the transcript to the defendant upon finding he or she is
able to pay the cost of the same, however, cannot delay the filing of an appeal
pending such payment.
Warnick, Anthony Harold v. State, COCA Case No.
F-2017-851 (November 8, 2018)
(Fines, Fees and Costs) Indigent defense fee imposed exceeded statutory maximum.
Fee modified to $250.
October 2018
Wright, Heath Justin v. State, COCA Case No.
C-2017-1311 (October 4, 2018)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Client entered drug
court on an uncounseled plea, with a 25 year hammer. When terminated, he tried
to withdraw the plea into drug court, but counsel failed to contest the adequacy
of the waiver of counsel before the original plea. COCA finds case must be
reversed to allow plea withdrawal, making the drug court termination appeal
moot.
September 2018
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.
August 2018
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.
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.
Harris, Danielle Marie v. State, COCA Case No.
C-2017-458 (August 9, 2018)
(Guilty Plea Decisions) Error to terminate hearing on motion to withdraw plea
for failure to specify the basis of the challenge in the motion to withdraw.
Remanded for further proceedings.
July 2018
Fuentez, Christopher Shane Lee v. State, COCA Case No.
F-2016-626 (July 19, 2018)
(Abuse of Discretion; Double Jeopardy/Double Punishment) Double jeopardy
violation when mistrial was declared over defense objection and mistrial was not
a matter of “manifest necessity.” Reversed with instructions to dismiss.
M.T.G. v. State, COCA Case No.
J-2018-402 (July 12, 2018)
(Juvenile Adjudication/Certification) Remanded for defendant to be charged as a
youthful offender.
Smith, Daniel Terrell v. State, COCA Case No.
F-2017-724 (July 26, 2018)
(Double Jeopardy/Double Punishment) A&B with Dangerous Weapon and Maiming
arising from same acts violated double punishment prohibitions. J&S for A&B with
Dangerous Weapon reversed with instructions to dismiss.
June 2018
Hildebrandt, Christopher Michael v. State, COCA Case No.
F-2017-599 (June 28, 2018)
(Fines, Fees, and Costs) Remanded for order to vacate illegal imposition of
prosecution reimbursement costs.
May 2018
Banks, Christopher Dewayne v. State, COCA Case No.
C-2017-33 (May 24, 2018)
(Guilty Plea Decisions; Due Process) Defendant granted relief due to breach of
plea agreement. Revocation sentence modified to be served concurrently.
Crandall, John Kyle v. State, COCA Case No.
F-2017-08 (May 10, 2018)
(Double Jeopardy/Double Punishment) Error to convict for both the crimes of
Knowingly Concealing a Stolen Firearm and being a felon in possession of the
same firearm. The count for knowingly concealing stolen property reversed and
remanded with instructions to dismiss.
Garza, Jeremy L. v. State, COCA Case No.
M-2017-739 (May 31, 2018)
(Revocation/Acceleration Decisions) Acceleration reversed where record failed to
show valid waiver of counsel and client appeared pro se when deferred sentence
accelerated to the maximum for the offense.
Guy, Bryan Lee v. State, COCA Case No.
C-2017-684 (May 31, 2018)
(Guilty Plea Decisions; Abuse of Discretion; Fines, Fees and Costs) Abuse of
discretion to impose incarceration costs to a mentally ill person. Remanded to
determine whether defendant was a mentally ill person and therefore exempt from
incarceration costs.
Lewallen, William Todd v. State, COCA Case No.
F-2017-189 (May 31, 2018)
(Resentencing***) Denial of Defendant’s request to testify in resentencing
proceeding affirmed.
State v. Simms, Jamar Mordecai, COCA Case No.
S-2017-986 (May 31, 2018)
(State Appeals; Evidence, General; Abuse of Discretion) Trial court did not
abuse discretion in excluding video of last 15 minutes of homicide victim’s
life.
April 2018
J.M.F. v. State, ex rel. Oklahoma County District Court, COCA
Case No. MA-2018-296 (April 5, 2018)
(Juvenile Adjudication/Certification) Indigent juvenile entitled to transcripts
at public expense; trial court can seek reimbursement if parents found able to
pay.
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.
March 2018
Long, Robert Lawrence v. State, COCA Case No.
F-2016-1094 (March 29, 2018)
(Fines, Fees, and Costs) Error occurred when jury returned verdicts of guilt for
both felony murder and the underlying felony (attempted robbery), but trial
court did not impose J&S for underlying felony.
State v. Miller, David James, COCA Case No.
S-2016-1126 (March 22, 2018)
(State Appeals) State appeal dismissed for not raising a reserved question of
law; lets stand the district court ruling that defendant was immune from
prosecution based on “stand your ground” law.
February 2018
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.
Martin, Johnny Frank v. State, COCA Case No.
RE-2016-929 (February 15, 2018)
(Revocations/Accelerations; Evidence, Sufficiency) State failed to show finality
of conviction used to revoke suspended sentence. Reversed for new hearing.
Tunley, Joseph v. State, COCA Case No.
F-2017-241 (February 15, 2018)
(Bench Trial) Inadequate waiver of jury trial. Reversed and remanded for new
trial.
January 2018
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.
Warrior, Kevin Bernell v. State, COCA Case No.
F-2016-519 (January 24, 2018)
(Newly Discovered Evidence) Newly discovered evidence created a reasonable
probability that the outcome of the trial would have been different. Reversed
and remanded for a new trial.
Winbush, III, Phillip Eric v. State, COCA Case No.
F-2016-994 (January
11, 2018)
(Fines, Fees, and Costs) Costs for indigent representation modified to statutory
amount.
December 2017
Cox, Juston Dean v. State, COCA Case No.
C-2017-271 (December 14, 2017)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Trial counsel refused
to assist at motion to withdraw plea hearing and conflict-free counsel not
appointed. Remanded for new hearing.
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.
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.
November 2017
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.
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.
October 2017
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.
Ennis, Ricky Nolan v. State, COCA Case No.
F-2015-909 (October 19, 2017)
(Restitution) Trial court failed to require proof of actual loss to support
restitution order. Remanded for proper resitution determination.
September 2017
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.
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.
August 2017
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.
Duncan, Marty Spence v. State, COCA Case No.
M-2016-108 (August 10, 2017)
(Due Process) Reversed and remanded for new trial due to inadequate record to
show waiver of jury trial.
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.
Lewis, John Stanton v. State, COCA Case No.
F-2016-179 (August 7, 2017)
(Sentence, Enhancement; Statutory Construction) Felony possession of marijuana
modified to misdemeanor because priors were not the kind specified by
enhancement statute. Sentence modified.
McLaughlin, David Edward v. State, COCA Case No.
C-2017-104 (August 31, 2017)
(Guilty Plea Decisions) Conviction and sentence vacated for charge dismissed at
preliminary hearing and not part of the plea.
July 2017
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.
June 2017
Allen, James Wilbur v. State, COCA Case No.
RE-2016-784 (June 8, 2017)
(Revocation/Acceleration Decisions; Sentence, Excessive) Imposition of
post-imprisonment supervision removed.
Doshier, Roy Dale v. State, COCA Case No.
F-2016-461 (June 22, 2017)
(Fines, Fees and Costs) Assessment of $250 OIDS fee vacated. Public defender
appointed but never entered an appearance because counsel was retained.
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.
Ingram, Johnny Lee v. State, COCA Case No.
F-2015-1007 (June 8, 2017)
(Jury Deliberations; Jury Instructions, Other) Reversed and remanded for new
trial because trial court failed to sufficiently answer the jury’s questions
concerning the uniform jury instruction defining principals and aiding and
abetting.
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.
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.
May 2017
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.
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.
Patterson, Donald Gara v. State, COCA Case No.
C-2016-778 (May 11, 2017)
(Guilty Plea Decisions; Sentence, Excessive) Sentence exceeded statutory
maximum.
Phantirath, Vone v. State, COCA Case No.
M-2015-1099 (May 31, 2017)
(Guilty Plea Decisions; Due Process) Count 1 reversed and remanded for new trial
because court erred in not accepting proffered guilty plea.
April 2017
Carr, Byrin v. State, COCA Case No.
M-2016-268 (April 27, 2017)
(Right to Counsel) Reversed and remanded for new trial for inadequate waiver of
counsel.
Proctor, Angel Marie v. State, COCA Case No.
F-2016-82 (April 27, 2017)
(Double Jeopardy/Double Punishment) One count of kidnapping reversed because it
was the same felony relied upon for the felony murder conviction.
March 2017
Z.N. v. State, COCA Case No.
JS-2016-1062 (March 3, 2017)
(State Appeals; Youthful Offender) Certification as a juvenile affirmed.
February 2017
Henderson, Deandre Lashawn v. State, COCA Case No.
C-2016-40 (February 9, 2017)
(Guilty Plea Decisions; Double Jeopardy/Double Punishment; Ineffective
Assistance of Counsel) Three of four counts of assault with dangerous weapon
dismissed when four shots fired in rapid succession in one continuous episode
resulted in four convictions and sentences for violation of Double
Jeopardy/Double Punishment. Counsel ineffective for not raising the Double
Jeopardy/Double Punishment issue in the motion to withdraw plea.
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.
Smith, Misty Dawn v. State, COCA Case No.
C-2015-856 (February 3, 2017)
(Guilty Plea Decisions; Sentence, Excessive) Post-imprisonment supervision
imposed exceeded statutory maximum. Modified to one year post-imprisonment
supervision.
State v. Stites, Martin, COCA Case No.
S-2016-163 (February 28, 2017)
(State Appeals) Order of district court affirming magistrate’s order granting
demurrer in part affirmed.
January 2017
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.
Jackson, Edward Dean v. State, COCA Case No.
RE-2016-401 (January 11, 2017)
(Revocation/Acceleration Decisions; Due Process ) Revocation vacated and
remanded for failure to hold hearing within 20 days.
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.
Mutters, Hiram Frank v. State, COCA Case No.
C-2016-140 (January 12, 2017)
(Guilty Plea Decisions; Due Process) Error when hearing held on Motion to
Withdraw Plea held without presence of petitioner. Remanded for proper hearing
with Petitioner present.
State v. Miers and Gregoire, COCA Case No.
S-2016-332 (January 5, 2017)
(State Appeals) Magistrate’s order granting demurrers in felony murder case
upheld.
December 2016
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.”
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.
November 2016
Anderson, Tracy Lee v. State, COCA Case No.
RE-2015-767 (November 18, 2016)
(Revocation/Acceleration Decisions; Sentence, Excessive) Order failed to give
credit for time already served so sentence modified. Also, imposition of
post-imprisonment supervision on revocation was not authorized and that
provision was vacated.
Harrington, Michael Brian v. State, COCA Case No.
RE-2016-135 (November 7, 2016)
(Revocation/Acceleration Decisions) Sentence in new case could be discharged
before satisfaction of revocation of suspended sentence. If revocation appeal
was successful in gaining relief, that relief could potentially allow an earlier
release. State’s Motion to Dismiss Revocation Appeal as Moot is denied.
McCrillis, Russell Carl v. State, COCA Case No.
F-2015-886 (November 14, 2016)
(Sentence, Excessive) Trial court without legal authority to modify sentence by
ordering undetermined term of "DOC probation" after release from prison.
Remanded to set forth a specific number of years for post-imprisonment
supervision.
Roberts, Charlie Franklin v. State, COCA Case No.
C-2016-38 (November 7, 2016)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Petitioner did not
have effective and conflict-free counsel at motion to withdraw plea hearing.
Remanded for new hearing with conflict-free counsel.
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.
October 2016
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.
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, 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.
September 2016
Logan, Kathy Lynn v. State, COCA Case No.
RE-2015-735 (September 30, 2016)
(Revocation/Acceleration Decisions; Right to Counsel; Abuse of Discretion) Trial
court abused discretion when proceeded with revocation hearing without counsel
for defendant. Reversed and remanded for further proceedings.
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.
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.
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. 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.
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.
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.
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.
August 2016
Bell, Joan v. State, COCA Case No.
M-2015-506 (August 17, 2016)
(Evidence, Sufficiency) Evidence insufficient to support OKC municipal charges
of disorderly conduct and obstructing a lawful command.
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.
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.
Jackson, Richard Jerrel v. State, COCA Case No.
F-2015-738 (August 8, 2016)
(Double Jeopardy/Double Punishment) Three different types of CDS in a single
container is only one conviction not three. Two counts reversed with
instructions to dismiss.
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.
July 2016
Goldman, Christopher Wayne v. State, COCA Case No.
F-2015-457 (July 20, 2016)
(Double Jeopardy/Double Punishment) Convictions for both rape and incest based
upon the same act violates the double punishment clause of Section 11.
Mansker, Jarrod Demar v. State, COCA Case No.
F-2015-194 (July 14, 2016)
(Abuse of Discretion) Trial court abused discretion by denying credit for time
served because defendant exercised right to jury trial. Remanded for
resentencing.
June 2016
State v. Jeremy Scott Niederbuhl, COCA Case No.
S-2015-672 (June 15, 2016)
(State Appeal) State appeal dismissed as not properly lodged. Order dismissing
for bad faith prosecution affirmed.
May 2016
State v. Carl Edward Prince, COCA Case No.
S-2015-771 (May 6, 2016)
(State Appeal) Activity giving rise to the charge must be more than a
single, isolated activity. Trial court did not err in sustaining demurrer.
State v. Marco Callejas, COCA Case No.
S-2015-972 (May 20, 2016)
(State Appeal) District Court did not abuse discretion when granting motion to
suppress after improper traffic stop.
April 2016
Harrison, Erica Lashon v. State, COCA Case No.
F-2015-121 (April 19, 2016)
(Due Process) Character evidence improperly introduced during State’s rebuttal
by calling Appellant to testify over her objection. Remanded for resentencing.
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.
Jennings, Steven R. v. State, COCA Case No.
F-2015-187 (April 7, 2016)
(Double Jeopardy/Double Punishment) Convictions for Domestic Abuse by
Strangulation and Domestic Abuse with Great Bodily Injury resulting from single
transaction violates prohibition against double punishment.
O’Neal, Gregory Antwon v. State, COCA Case No.
F-2013-958 (April 5, 2016)
(Ineffective Assistance of Counsel) Counsel failed to object to prosecutor’s
"theatrical presentation" in closing. Reversed for resentencing.
Schofield, Gary Thomas v. State, COCA Case No.
C-2015-980 (April 26, 2016)
(Guilty Plea Decisions; Fines, Fees and Costs) Fine exceeded the statutory
maximum.
State v. Jack Bradley Jones, COCA Case No.
S-2016-29 (April 21, 2016)
(State Appeals) Appeal dismissed because State failed to file a Petition in
Error.
March 2016
Gore, Robert Leroy v. State, COCA Case No.
F-2015-212 (March 24, 2016)
(Due Process) Record insufficient to show knowing, voluntary waiver of jury
trial. Reversed and remanded for new trial.
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.
Muhammad, Eric Lamont v. State, COCA Case No.
RE-2015-104 (March 17, 2016)
(Revocation/Acceleration Decisions) Violation of 20-day rule requires revocation
to be reversed.
R.Z.M. v. State, COCA Case No. JS-2015-1076
(March 24, 2016)
(Youthful Offender; Statutory Construction) Element not found in the five very
specific requirements for commission of the crime of Forcible Sodomy. Statute
can not be enlarged beyond the fair meaning of its language to justify
prosecution.
Sauter, Michael Joseph v. State, COCA Case No.
F-2015-155 (March 31, 2016)
(Evidence, General) Insufficient corroboration of involvement outside accomplice
testimony. Reversed with instructions to dismiss.
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.
Welch, Christopher Daniel v. State, COCA Case No.
S-2015-568 (March 23, 2016)
(State Appeals) Magistrate found air pistol was not encompassed within
possession of firearm after former conviction statute. No abuse of discretion.
Ruling affirmed.
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.
February 2016
Bennett, Charles Leonard III v. State, COCA Case No.
F-2014-1019 (February 26, 2016)
(Restitution) Restitution order vacated and remanded for proper determination of
loss.
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.
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."
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.
Ross, Johnny Allen v. State, COCA Case No.
C-2015-473 (February 4, 2016)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Counsel was
ineffective not pleading proper grounds for withdrawing plea because there was a
likelihood of success on a double punishment issue; remanded for new hearing on
motion to withdraw plea with conflict-free counsel.
Thomas, Jerrell Otis v. State, COCA Case No.
F-2015-374 (February 2, 2016)
(Double Jeopardy/Double Punishment) Double punishment violation for convictions
of Shooting with Intent to Kill and Robbery with Weapon. Robbery conviction
vacated.
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.
January 2016
Akers, Benjamin v. State, COCA Case No.
RE-2015-206 (January 5, 2016)
(Revocation/Acceleration Decisions; Due Process ) Revocation vacated and
remanded for failure to hold hearing within 20 days.
Hanks, Thomas Samuel v. State, COCA Case No.
C-2015-514 (January 27, 2016)
(Guilty Plea Decisions; Fines, Fees and Costs) Remanded to district court for a
determination under 22 § 979a(A) of whether Appellant is a mentally ill person
as defined by 43A O.S. § 1-103, and protected from paying incarceration costs.
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.
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.
Mayfield, Cody Wayne v. State, COCA Case No.
F-2014-830 (January 21, 2016)
(Double Jeopardy/Double Punishment) Two types of CDS in single container only
support once conviction, not two. One count reversed and remanded with
instructions to dismiss.
December 2015
Edwards, Kendall Wayne v. State, COCA Case No.
PC-2015-6 (December 3, 2015)
(Post Conviction, Newly Discovered Evidence) District Court Order granting post
conviction relief affirmed. Judgment and sentence vacated and remanded for a new
trial.
Martinez, James Leonard v. State, COCA Case No.
S-2015-446 (December 8, 2015)
(State Appeals) Traffic stop not justified so evidence should be suppressed and
case dismissed.
Walters, Ricco Dante v. State, COCA Case No.
F-2014-870 (December 22, 2015)
(Double Jeopardy/Double Punishment) Convictions for both Possession of Sawed-off
Shotgun and Possession of the same Shotgun After Former Conviction of a Felony
violated protection against double punishment. Possession After Former
Conviction of a Felony reversed with instructions to dismiss
November 2015
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.
Tolliver, Donald Edward v. State, COCA Case No.
F-2014-974 (November 5, 2015)
(Restitution) Plain error occurred when actual financial detriment was not
determined to a reasonable certainty. Remanded for new hearing on restitution
October 2015
Jackson, Roderick Leandrew v. State, COCA Case No.
F-2014-452 (October 28, 2015)
(Drug Court; Abuse of Discretion) Termination based on previously punished
violations. Reversed and remanded for reinstatement in Drug Court.
Simpson, Timothy Donnell v. State, COCA Case No.
RE-2014-810 (October 9, 2015)
(Revocation/Acceleration Decisions; Sentence, Excessive) Trial court lacked
authority to impose post-imprisonment supervision at revocation.
Stigleman, Aaron Mitchell v. State, COCA Case No.
F-2013-1129 (October 30,
2015)
(Ineffective Assistance of Counsel) Counsel ineffective for failing to secure
expert for insanity defense. Reversed and remanded for new trial.
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.
Weimer, Charles Edward v. State, COCA Case No.
F-2014-698 (October 28, 2015)
(Restitution; Abuse of Discretion) Restitution assessed was based on information
in PSI report. Remanded for a proper determination of actual economic loss.
Whiteside, Cory James Leon v. State, COCA Case No.
C-2014-854 (October 6, 2015)
(Guilty Plea Decisions; Sixth Amendment) Record does not reflect a knowing and
voluntary waiver of 6th amendment right to counsel. Certiorari
granted.
September 2015
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.
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.
August 2015
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.
E.A.F. v. State, COCA Case No. J-2015-353
(August 27, 2015)
(Youthful Offender) Trial court failed to act as a neutral a arbiter when it
re-opened the case after both parties rested and directing presentation of
evidence. Reversed for a new hearing before a different judge.
Oxford, John Edward v. State, COCA Case No.
C-2014-920 (August 27, 2015)
(Guilty Plea Decisions; Restitution) Order of restitution remanded for a proper
hearing on the amount.
Paz, Gilbert v. State, COCA Case No.
C-2014-584 (August 6, 2015)
(Guilty Plea Decisions) Reversed for new hearing on motion to withdraw plea.
Defense counsel told trial court he couldn’t litigate the motion to withdraw
because he’d counseled the plea, so trial court required defendant to articulate
reasons on his own.
Solis, Jr., Rogelio v. State, COCA Case No.
RE-2014-777 (August 13, 2015)
(Revocation/Acceleration Decisions; Sentence, Excessive) Judgment and Sentence
remanded to modified to exclude any requirement for post imprisonment
supervision.
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.
July 2015
Barnes, Jason Duane v. State, COCA Case No.
RE-2014-575 (July 21, 2015)
(Revocation/Acceleration Decisions) State failed to prove that subsequent
offense that served as basis for revocation was a final conviction. Reversed and
remanded.
Bethel, Deandre v. State, COCA Case No.
F-2014-336 (July 15, 2015)
(Double Jeopardy/Double Punishment) Conviction and sentence for robbery with a
firearm vacated because the same charge served as the underlying felony for
conviction of felony murder.
Cox, Robert Dewayne v. State, COCA Case No.
F-2014-524 (July 9, 2015)
(Double Jeopardy/Double Punishment) Possession of meth and marijuana in single
container cannot support two convictions for simple possession of CDS. Marijuana
possession conviction dismissed.
Kitchens, Klayton Jordan v. State, COCA Case No.
F-2014-889 (July 17, 2015)
(Double Jeopardy/Double Punishment) Possession of CDS in single container
(dresser in bedroom contained baggie of meth and tobacco can with marijuana) can
only support single conviction. Marijuana possession conviction dismissed.
Littleraven, Clifford Lyle v. State, COCA Case No.
C-2014-693 (July 9, 2015)
(Guilty Plea Decisions) Misadvice as to range of punishment rendered plea
involuntary. Certiorari granted.
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.
Turner, Christopher M. v. State, COCA Case No.
F-2014-580 (July 28, 2015)
(Fines, Fees and Costs) Trial court abused discretion by imposing VCA without
first considering mandatory statutory factors prerequisite to the assessment.
VCA vacated and remanded.
June 2015
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.
Padillow, Earnest Eugene v. State, COCA Case No.
F-2014-22 (June 9, 2015)
(Due Process) Contempt citation vacated because defendant was not given
opportunity to be heard.
Solis, Gabriel Brian v. State, COCA Case No.
C-2014-270 (June 2, 2015)
(Guilty Plea Decisions; Ineffective Assistance of Counsel; Sentence, Excessive)
Remanded for resentencing and any further proceeding because trial court was
demonstrably biased against defendant prior to hearing on sentencing. Trial
counsel IAC for not moving to recuse the trial court.
State v. Ramos, Julio Juarez, COCA Case No.
S-2013-509 (June 9, 2015)
(State Appeals) Trial court ruling finding immune from prosecution on a "stand
your ground" theory of defense affirmed.
State v. Ramos, Isidro Juarez, COCA Case No.
S-2013-510 (June 9, 2015)
(State Appeals) Trial court ruling finding immune from prosecution on a "stand
your ground" theory of defense affirmed.
May 2015
Cruz-Brizuela, Jacinto Ingacio v. State, COCA Case No.F-2014-279
(May 19, 2015)
(Ineffective Assistance of Counsel) Reversed and remanded for new trial because
trial counsel had conflict in representing both clients in a joint trial.
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.
Guevara, Jorge Alberto Guevara v. State, COCA Case No.F-2014-253
(May 19, 2015)
(Ineffective Assistance of Counsel) Reversed and remanded for new trial because
trial counsel had conflict in representing both clients in a joint trial.
Harvell, Nathan Todd v. State, COCA Case No.
RE-2014-248 (May 11, 2015)
(Revocation/Acceleration Decisions) Trial court lacked jurisdiction to revoke
suspended sentence once State dismissed Application to Revoke. Reversed with
instructions to dismiss.
Howland, Sean Eddie v. State, COCA Case No.
RE-2014-0706 (May 12, 2015)
(Due Process; Revocation/Acceleration Decisions) State’s unwarranted delay in
prosecuting application to revoke in a timely manner violated due process.
Reversed and remanded with instructions to dismiss.
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.
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.
Wilson, Gregory John v. State, COCA Case No.
M-2013-1049 (May 26, 2015)
(Due Process) Reversed and remanded for new trial because no record of a valid
waiver of the right to jury trial.
April 2015
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.
Farino, Donald Wayne v. State, COCA Case No.
M-2014-235 (April 3, 2015)
Due Process) Reversed and remanded for new trial because no record of a valid
waiver of the right to jury trial.
March 2015
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.
Graham, Gene Douglas v. State, COCA Case No.
F-2013-1199 (March 24, 2015)
(Abuse of Discretion; Due Process) A ruling by trial judge denied
Defendant the opportunity to present a defense. Comments on
Defendant’s right to remain silent deprived Defendant of a fair trial. Reversed
and remanded for a new trial.
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.
State v. Norwood, Douglas Raymond, COCA Case No.
S-2014-786 (March 31, 2015)
(State Appeals; Sentence, Enhancement; Information, Defective) Enhancing
marijuana possession to a felony requires prior misdemeanor possession of
marijuana conviction. Dismissed.
T.T. v. State, COCA Case No. J-2014-980
(March 16, 2015)
(Juvenile Adjudication/Certification; Due Process) Record insufficient to
demonstrate waiver of jury trial was knowingly and intelligently entered.
Remanded.
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.
February 2015
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.
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.
January 2015
Cathey, William Reeves v. State, COCA Case No.
C-2014-254
(January 13, 2015)
(Guilty Plea Decisions; Restitution) Restitution order vacated and remanded for
a proper hearing to determine amount.
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.
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.
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.
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.
December 2014
Carson, Curt Edward v. State, COCA Case No.
SR-2013-1187 (December 12, 2014)
(State Appeals) Trial court did not err in allowing evidence of complainant’s
prior allegations of sexual abuse made against a different person.
Cox, Joseph Leonard Jr. v. State, COCA Case No.
RE-2013-848 (December 19,
2014)
(Revocation/Acceleration Decisions) Trial court lacked jurisdiction to revoke
because the hearing on the application was not held within 20 days.
Cox, Robert Dewayne v. State, COCA Case No.
M-2013-918
(December 12, 2014)
(Abuse of Discretion) Trial court erred in finding Appellant to be in direct
contempt of court without providing him an opportunity to be heard. Reversed and
remanded.
McKinney, Alphie Phillip v. State, COCA Case No.
F-2013-812 (December 17, 2014)
(Double Jeopardy/Double Punishment) Plain error for three convictions for
possession of CDS all fell under the same provision of Section 2-402, where all
were possessed "in a single container, his vehicle," even though they were in
separate bags in the door panel. Two counts reversed with instructions to
dismiss.
Mikado, Travis Lenard v. State, COCA Case No.
F-2013-788
(December 18, 2014)
(Double Jeopardy/Double Punishment) Plain error for two convictions for
possession of CDS. One count reversed with instructions to dismiss.
November 2014
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.
Roach, Delores Francis v. State, COCA Case No.
C-2014-134 (November 19, 2014)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Trial attorney
represented at both the plea hearing and motion to withdraw plea hearing.
Remanded for new hearing with conflict-free counsel.
October 2014
Bigmedicine, Horace Joe v. State, COCA Case No.
F-2013-994 (October 1, 2014)
(Restitution) Trial court erred in imposing restitution without following
statutory procedure. Remanded for proper determination of restitution.
D.S.C. v. State, COCA Case No. J-2014-0646
(October 23, 2014)
(Juvenile Adjudication/Certification; Abuse of Discretion) Waiver of jury trial
premised upon entry to program that turned out to be unavailable. Trial court
abused discretion in failing to restore right to a jury trial. Reversed and
remanded.
Richardson, Quinton Blake v. State, COCA Case No.
RE-2013-939 (October 23, 2014)
(Revocation/Acceleration Decisions; Ineffective Assistance of Counsel) Counsel
appointed for revocation hearing had conflict of interest because had previously
represented witness who testified against client. Remanded for hearing with new
counsel.
September 2014
Allen, Arthur Lee v. State, COCA Case No.
F-2013-608 (September 16, 2014)
(Double Jeopardy/Double Punishment) Same handgun formed basis for two counts of
Possession of a Firearm AFC. One count reversed with instructions to dismiss.
Brown, Montre v. State, COCA Case No.
C-2013-730 (September 17, 2014)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Certiorari granted
for withdrawal of plea; counsel ineffective for failing to investigate and
litigate competency.
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.
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.
Rodriguez, Nick v. State, COCA Case No.
C-2013-973 (September 8, 2014)
(Guilty Plea Decisions; Double Jeopardy/Double Punishment; Ineffective
Assistance of Counsel) Double Jeopardy/Double Punishment claim deemed waived,
but counsel was ineffective for not objecting. One count dismissed.
August 2014
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.
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.
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.
July 2014
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.
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.
Eifert, Kevin Anthony v. State, COCA Case No.
C-2013-1030
(July 1, 2014)
(Guilty Plea Decisions; Fines, Fees and Costs) Fine modified because it exceeded
the statutory maximum.
Frantz, Ronald v. State, COCA Case No.
C-2013-1046 (July 18,
2014)
(Guilty Plea Decisions; Ineffective Assistance of Counsel; Sixth Amendment) Plea
counsel had conflict in litigating the motion to withdraw plea. Remanded for a
proper hearing on the Motion to Withdraw Plea with conflict-free counsel.
J.L. v. State, COCA Case No. J-2014-326 (July 31, 2014)
(Juvenile Adjudication/Certification) Adjudication affirmed but charge modified
from Assault and Battery with Dangerous Weapon to Assault and Battery.
Martin, Dustin Kyle v. State, COCA Case No.
F-2012-1029 (July
31, 2014)
(Juror Instructions, Lesser Offenses; Double Jeopardy/Double Punishment) Error
to convict for Second Degree Murder and Accessory to Second Degree Murder for
the same homicide. Accessory count reversed with instructions to dismiss.
State v. Fowler, Travis Ray, COCA Case No.
S-2013-790 (July 1,
2014)
(State Appeals; Evidence, Other Crimes) District court’s ruling excluding other
crimes evidence affirmed.
Walker, Tamisha Nicole v. State, COCA Case No.
C-2014-79 (July
8, 2014)
(Guilty Plea Decisions; Ineffective Assistance of Counsel; Sixth Amendment)
Trial court summarily denied the application to withdraw plea without conducting
a hearing on the merits. Remanded for evidentiary hearing.
June 2014
Carty, James Marvin v. State, COCA Case No.
F-2013-619
(June 11, 2014)
(Restitution; Abuse of Discretion) Trial court erred in imposing a restitution
order without following statutory procedures in determining the amount. Vacated
and remanded for a proper determination.
Jones, Heather Ann v. State, COCA Case No.
F-2012-703 (June 12, 2014)
(Double Jeopardy/Double Punishment) Underlying felony for both felony murder and
conjoint robbery was same conduct. Count of conjoint robbery reversed with
instructions to dismiss.
Snyder, Waylon Dean v. State, COCA Case No.
RE-2013-555 (June 2, 2014)
(Drug Court Termination) State failed to inform Appellant regarding the
allegations on which it would rely to advocate termination from the Drug Court
Program. Reversed with instructions to dismiss.
State v. Thornburg, Green and Krushe, COCA Case No.
S-2013-694/695/696 (June 19,
2014)
(State Appeals) Bail bondsmen went into 3rd party’s home and took
custody of persons for whom they had posted bond. Trial court’s decision to
grant motion to dismiss kidnapping and burglary charges affirmed.
May 2014
Barton, Phillip Wade v. State, COCA Case No.
RE-2012-1043 (May 12, 2014)
(Revocation/Acceleration Decisions; Evidence, Sufficiency) Insufficient for
State to present J&S from subsequent case to prove probation violation without
proving finality of the subsequent conviction or the underlying facts.
Revocation reversed and remanded.
C.E.B. v. State, COCA Case No. J-2014-108
(May 14, 2014)
(Youthful Offender; Abuse of Discretion) Bridging to DOC after successful
completion of YO rehab program was an abuse of discretion.
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.
Craighead, Lonnie Waylon v. State, COCA Case No.
F-2013-305 (May 23, 2014)
(Fines, Fees and Costs) Remanded for determination of incarceration fees, which
were not imposed at sentencing but were included by court clerk after submission
at request of sheriff’s office. Appellant had no notice of the request or
opportunity to object.
Johnson, Alvin Lavan v. State, COCA Case No.
RE-2013-212 (May 30, 2014)
(Revocation/Acceleration Decisions; Abuse of Discretion) Revocation reversed and
remanded because prosecutor to underlying felony became the trial judge for the
revocation, and the defense attorney for the underlying felony became the
prosecutor for the revocation.
Kuehn, Richard Shane v. State, COCA Case No.
RE-2013-250 (May 9, 2014)
(Revocation/Acceleration Decisions) Revocation reversed because judge ordering
revocation had previously served as prosecutor in the same case.
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.
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. 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.
April 2014
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.
Bellis, Stacy Gene v. State, COCA Case No.
RE-2012-1076 (April 18, 2014)
(Revocation/Acceleration Decisions; Evidence, Sufficiency; Abuse of Discretion)
District Court took judicial notice of evidence from a separate jury trial as
the sole proof to support the application to revoke, with no stipulation.
Revocation reversed and remanded.
Byrd, Claude M. III v. State, COCA Case No.
F-2013-327 (April 10, 2014)
(Double Jeopardy/Double Punishment) Act of taking and carrying away property was
not completed before victim seized and confined. One count of kidnapping
reversed with instructions to dismiss.
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.
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.
Knutson, Fredrick Bruce v. State, COCA Case No.
M-2013-73 (April 10, 2014)
(Evidence, Sufficiency) Zoning violations reversed to dismiss for insufficient
evidence.
Runco, Michelle Renea v. State, COCA Case No.
RE-2013-0523 (April 30, 2014)
(Revocation/Acceleration Decisions; Right to Counsel) Revocation reversed
because there was no adequate waiver of counsel.
Smith, Lon Adam v. State, COCA Case No.
RE-2012-835 (April 29, 2014)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocations reversed
and remanded because sentences were impermissibly extended beyond the term of
the original sentences.
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.
Stumpff, Carrie Denise v. State, COCA Case No.
RE-2013-0511 (April 18, 2014)
(Revocation/Acceleration Decisions; Right to Counsel) Revocation reversed
because there was no record sufficient to demonstrate a knowing waiver of
counsel.
Williams, Darrell v. State, COCA Case No.
F-2012-951
(April 22, 2014)
(Jury Deliberations) Sexual battery and two rape counts reversed and remanded
for new trial due to juror misconduct. Several jurors made unauthorized visits
to crime scene and discussed their observations during deliberations.
March 2014
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.
February 2014
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.
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.
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.
House, Richard Allen II v. State, COCA Case No.
M-2012-416 (February 11, 2014)
(Pro Se; Abuse of Discretion; Ineffective Assistance of Counsel) Misdemeanor
conviction reversed and remanded for lack of record of waiver of counsel and
questionable determination of lack of indigence.
James, Henry Jr. v. State, COCA Case No.
F-2012-559 (February 26, 2014)
(Double Jeopardy/Double Punishment) Possession of two types of drugs in same
container can only result in one conviction. Conviction for possession of
marijuana reversed with instructions to dismiss.
McCollough, Danyale Lamont v. State, COCA Case No.
RE-2012-0601 (February 4,
2014)
(Revocation/Acceleration Decisions; Evidence, Sufficiency) Plain error for
district court to revoke suspended sentence solely by taking judicial notice of
evidence heard in another case. Reversed and remanded for further proceedings.
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.
Pershall, Amon Walden v. State,, COCA Case No.
RE-2013-279
(February 21, 2014)
(Revocation/Acceleration Decisions; Due Process) Revocation reversed for
violation of 20-day rule.
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.
Solis, Gabriel Brian v. State, COCA Case No.
C-2012-1165 (February 11, 2014)
(Guilty Plea Decisions; Ineffective Assistance of Counsel; Abuse of Discretion)
Abuse of discretion to deny a hearing on a motion to withdraw plea. Remanded for
hearing.
State v. Haley, Stephen Joseph, COCA Case No.
S-2013-140 (February 20, 2014)
(State Appeals; Statutory Construction) State sought to allow enhancement of
misdemeanor marijuana to a felony by suing any prior drug conviction as an
enhancer. Statutory language clearly required the prior conviction to be a
violation of the same section (marijuana possession). District Court order
affirmed.
State v. Johns, David, COCA Case No.
S-2013-315
(February 21, 2014)
(State Appeals) Opinion answering State’s Reserved Question of Law. Trial court
is not authorized to cut short a deferred judgment under 22 O.S. 991(c).
Thornton, Jonas Alan v. State, COCA Case No.
F-2011-962 (February 27, 2014)
(Judge, Recusal) Consultation with attorney who subsequently became the trial
judge required the trial judge to recuse from the non-jury trial. Reversed and
remanded for new trial.
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.
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.
January 2014
Bearshead, Earnest Toby v. State, COCA Case No.
F-2012-1039 (January 23, 2014)
(Evidence, Sufficiency) Charge of False Personation reversed with instructions
to dismiss on insufficient evidence that defendant gained a benefit from giving
incorrect ID info to police.
Solano, Jesus A. v. State, COCA Case No.
F-2012-545 (January 24, 2014)
(Revocation/Acceleration Decisions; Sentence, Excessive) Fourteen-year sentence
revoked for single violation of consumption of alcohol modified to time served.
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.
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
December 2013
Baack, Michael Ray v. State, COCA Case No.
F-2012-478 (December 12, 2013)
(Fines, Fees and Costs) Remanded for an order nunc pro tunc to
reflect no fine, which was waived by trial court.
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.
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.
North, Charles D. v. State, COCA Case No.
C-2012-1154 (December 11, 2013)
(Guilty Plea Decisions; Fines, Fees and Costs) Remanded for new hearing on
motion to withdraw plea due to counsel’s conflict of interest at initial
hearing. Also vacated Victim Compensation Assessment that exceeded statutory
maximum.
State v. Porton, Thomas Bradley, COCA Case No.
S-2013-483 (December 3, 2013)
(State Appeals; Evidence, General) State failed to establish an abuse of
discretion by trial court regarding digital images on seized computer.
November 2013
Eslick, Gina Diane v. State, COCA Case No.
C-2013-254 (November 18, 2013)
(Guilty Plea Decisions; Prosecutorial Misconduct) Error for attorney who
counseled plea also represented at Motion to Withdraw Plea hearing. Remanded for
new hearing.
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.
Laney, Bobby Ray v. State, COCA Case No.
C-2012-276 (November 1, 2013)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Trial counsel’s
failure to present the trial court with evidence relating to Petitioner’s
adaptive functioning and competency renders the results of plea proceedings
unreliable. Certiorari granted, vacated and remanded.
Raymond, Bradley Joe v. State, COCA Case No.
F-2012-914 (November 15, 2013)
(Jury Instructions; Misleading) Jury misinstructed on punishment range. Sentence
modified.
State v. Herfurth, Mark Anthony, COCA Case No.
S-2013-413 & 415 (November 20,
2013)
(State Appeals) Motion to quash and dismiss sex offender registration charge
affirmed on grounds no crime had been committed. Interesting discussion on
retroactivity.
October 2013
Coulter, Deshaunte Devon v. State, COCA Case No.
F-2012-721 (October 16,
2013)
(Restitution) Plain error in trial court’s failure to follow the law on
establishing restitution; restitution order vacated and remanded for further
proceedings.
Kemp, Dewayne Edward v. State, COCA Case No.
F-2012-622 (October 15, 2013)
(Double, Jeopardy/Double Punishment) Running sentences concurrently does not
cure error of double jeopardy/double punishment when defendant convicted for
Felony murder in the commission of First Degree Burglary and First Degree
Burglary.
Kibbe, Christopher Lyn v. State, COCA Case No.
F-2011-1059 (October 25, 2013)
(Sentence, Excessive) Sentence modified because it exceeded the maximum.
Langley, Marty Lee v. State, COCA Case No.
F-2012-639 (October 23, 2013)
(Prosecutorial Misconduct) Error in State’s failure to elect which alleged
incident upon which it was relying for conviction, thus depriving defendant of
right to unanimous verdict. Reversed and remanded for new trial.
O’Neal, Johnny Sanders IV v. State, COCA Case No.
F-2012-226 (October 15, 2013)
(Prosecutorial Misconduct) Sentence modified upon finding of plain error for
injection of parole/probation into sentencing decision.
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. Lopez, Uriel Alajandro, COCA Case No.
S-2013-103 (October 2, 2013)
(State Appeals; Search & Seizure) Order granting motions to suppress and quash
affirmed. Trooper did not have reasonable suspicion that violation had occurred
before making stop.
State v. Magana, Maria, COCA Case No.
S-2013-103 (October 2, 2013)
(State Appeals; Search & Seizure) Order granting motions to suppress and quash
affirmed. Trooper did not have reasonable suspicion that violation had occurred
before making stop.
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.
September 2013
Aragon, Bryan Decheveria v. State, COCA Case No.
F-2012-167 (September 23, 2013)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Counts for Kidnapping
and Possession of Firearm in Commission of a Felony dismissed because they arose
out of the same act resulting in convictions for Robbery with a Firearm.
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.
Creekmore, Jeremiah William v. State, COCA Case No.
RE-2012-0711 (September 20,
2013)
(Revocation/Acceleration Decisions; Abuse of Discretion) State failed to present
evidence that Judgment and Sentence was final. Reversed for new revocation
hearing.
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.
State v. Bell, Isaac Paul , COCA Case No.
S-2013-127 (September 18, 2013)
(State Appeals; Search and Seizure) Consent to search vehicle was tainted by
illegal detention. District Court’s decision to sustain motion to suppress and
dismiss affirmed.
August 2013
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.
Holstine, Jimmy Wayne v. State, COCA Case No.
C-2012-699 (August 21, 2013)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Attorney failed to
represent client at the motion to withdraw plea hearing. Remanded for new
hearing.
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.
Vernon, Mark Tracey v. State, COCA Case No.
F-2011-661 (August 8, 2013)
(Ineffective Assistance of Counsel) Five counts of rape, one count of sodomy
reversed and remanded for new trial because counsel failed to impeach witness
and to use other available evidence to demonstrate motive to testify falsely.
July 2013
Combs, Franklin Savoy v. State, COCA Case No.
M-2011-1083 (July 1, 2013)
(Right to Counsel; Pro Se; Abuse of Discretion) Trial court failed to warn of
the dangers of self-representation. Reversed and remanded for a new trial.
Dorsey, Michael Wayne v. State, COCA Case No.
F-2011-693
(July 9, 2013)
(Fines, Fees and Costs) Trial court erred in imposing $5,000 VCA without holding
a proper hearing. Vacated and remanded for hearing.
Golden, Darrell Odell v. State, COCA Case No.
C-2012-714 (July 31, 2013)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Guilty plea to
"resisting arrest" lacked factual basis. Counsel ineffective for failing to
raise this issue in motion to withdraw plea.
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.
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.
Porras, Jeffrey Ariel v. State, COCA Case No.
S-2012-834 (July 26, 2013)
(State Appeals; Evidence, Other Crimes) Trial court did not abuse discretion in
dismissal of four counts relating to offenses committed in another county.
Smith, Ralph T. Jr. v. State, COCA Case No.
F-2012-08
(July 2, 2013)
(Sentence, Excessive) Sentence for kidnapping modified because it exceeded
maximum sentence under law at the time of the offense. Three counts modified to
remove post-imprisonment supervision requirement, as that was not part of
statutes at time of offenses.
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.
June 2013
Arndt, Joseph Randal v. State, COCA Case No.
F-2011-473
(June 25, 2013)
(Sixth Amendment) Plain error for trial court to deny opportunity for
cross-examination of co-defendant’s testimony. Reversed and remanded for new
trial.
Choxmis, Juan Gabriel v. State, COCA Case No.
C-2012-664
(June 14, 2013)
(Guilty Plea Decisions; Right to Counsel) Remanded to district court for
appointment of conflict-free counsel to litigate the motion to withdraw plea.
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.
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.
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.
Mitchell, Emanuel D. v. State, COCA Case No.
F-2011-606
(June 20, 2013)
(Sixth Amendment; Pro Se) Trial court erroneously denied defendant’s request
to proceed pro se. First Degree Murder reversed and remanded for new trial.
Newton, Jermaine Richard v. State, COCA Case No.
RE-2011-710
(June 3, 2013)
(Revocation/Acceleration Decisions; Sentence, Excessive) Ten year sentence
revoked in full modified to time served.
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.
Phillips, Scott Allen v. State, COCA Case No.
F-2011-606
(June 20, 2013)
(Abuse of Discretion) Abuse of discretion for the district court to refuse
to consider the suspension of sentence. Remanded for consideration of request
for suspended sentence.
State v. Armstrong, Frank Lee, COCA Case No.
S-2012-553
(June 12, 2013)
(State Appeals; Abuse of Discretion) Trial court did not abuse discretion in
suppressing evidence when warrant was not executed immediately or with all due
haste as ordered.
State v. Brooke, Robert, COCA Case No.
S-2012-719 (June 14,
2013)
(State Appeals; Abuse of Discretion) Trial court did not abuse discretion
refusing to require imprisonment or impatient treatment under 47 O.S. Section
902(C)(2).
State v. Johnson, Sheila Carol, COCA Case No.
S-2012-554
(June 12, 2013)
(State Appeals; Abuse of Discretion) Trial court did not abuse discretion in
suppressing evidence when warrant was not executed immediately or with all due
haste as ordered.
May 2013
Bazemore, Richard Harold v. State, COCA Case No.
F-2011-499 (May 15, 2013)
(Fines, Fees and Costs) Plain error found where Appellant was
overcharged for PSI.
Lawler, Mark J. v. State, COCA Case No.
F-2012-437 (May 6, 2013)
(Pro Se) Reversed and remanded for new trial; Defendant should have been
allowed to represent himself under Faretta.
Moore, Tommie Joe v. State, COCA Case No.
F-2012-168 (May 6, 2013)
(Fines, Fees and Costs) Fine modified from $25,000 to $10,000.
Whitaker, Doris Jean v. State, COCA Case No.
F-2012-294 (May 15, 2013)
(Bench Trial) Reversed and remanded for new trial because record of trial
could not be provided through no fault of defendant.
April 2013
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.
Dickey, Timmy Howard v. State, COCA Case No.
F-2011-1019 (April 24, 2013)
(Sentencing) Judgment and Sentence modified to incest instead of child
sexual abuse, where no evidence that uncle was person "responsible for health,
safety or welfare" of niece.
Erb, Crystal Lynn v. State, COCA Case No.
C-2012-277 (April 18, 2013)
(Guilty Plea Decisions; Right to Counsel) Remanded for appointment of
conflict-free counsel for filing of new Application to Withdraw Plea and
representation in any hearing on the application.
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.)
State v. Wichert, Sonya Renee, COCA Case No.
S-2012-244 (April 8, 2013)
(State Appeals; Due Process) Meth Registry Act could not apply because
conviction preceded the effective date of the Act.
Taylor, Jack Joseph v. State, COCA Case No.
F-2011-562
(April 24, 2013)
(Revocation/Acceleration Decisions; Abuse of Discretion) Revocation reversed
and remanded. Prosecutor who procured plea to suspended sentence later became
the judge who revoked the suspended sentence in the same case, without revealing
his prior involvement in the case.
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.
March 2013
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.
Colbert, Ricky Carlos v. State, COCA Case No.
F-2011-1043 (March 7, 2013)
(Sentencing) Remanded for nunc pro tunc so that J&S reflects proper offense.
State v. Saylor, Christopher Cain, COCA Case No.
S-2012-573 (March 14,
2013)
(State Appeals) Magistrate and reviewing judge’s factual
determinations were not abuse of discretion.
Taylor, Sherry Kay v. State, COCA Case Nos.
M-2011-870 & M-2011-871
(March 8, 2013)
(Revocation/Acceleration; Abuse of Discretion) Reversed and remanded for new
acceleration hearing and new trial when ordered to proceed pro se without
record of waiver of counsel
February 2013
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.
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.
Dan, Melvin Edward v. State, COCA Case No.
F-2011-1047 (February 25, 2013)
(Evidence, Sufficiency) Evidence was insufficient to prove that defendant
had been adjudicated delinquent on a charge that would have been a felony if
prosecuted as an adult. Thus count for possession of firearm after adjudication
as defined by statute was not proven and dismissed.
Price, Gene Freeman v. State, COCA Case No.
F-2012-112 (February 25, 2013)
(Right to Counsel) Reversed and remanded for new trial bases on insufficient
evidence that waiver of counsel was knowing and intelligent.
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.
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.
January 2013
Daubert, Jerry Edward v. State, COCA Case No.
F-2012-26 (January 31, 2013)
(Sentence, Excessive) Remanded for nunc pro tunc so that J&S reflects that
sentences were ordered to run concurrently.
Miller, Dennis Lynn v. State, COCA Case No.
F-2011-877
(January 7, 2013)
(Evidence, Sufficiency) Count of A&B with Dangerous Weapon reversed with
instructions to dismiss - shoving someone into a dresser (causing bruising at
most) did not make the dresser a "dangerous weapon."
State v. Gonzales-Tello, Moises , COCA Case No.
S-2012-166 (January 7, 2013)
(State Appeals; Search and Seizure) District Court suppression of evidence
affirmed. No abuse of discretion in finding that search of vehicle was the
culmination of an unreasonably protracted detention after a routine traffic
stop. Court also rejects state’s argument that the exclusionary rule should not
be applied to this case.
State v. Perez, Hermenegildo Vasquez, COCA Case No.
S-2012-355
(January 29, 2013)
(State Appeals; Search and Seizure) State Appeal from district court
suppression of evidence is denied. No probable cause for arrest that yielded
evidence of drugs.
December 2012
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.
Davis, Bryce Andrew v. State, COCA Case No.
F-2012-212
(December 7, 2012)
(Restitution; Abuse of Discretion) Trial court abused discretion in
assessing $30,528.43 restitution; $20,383 of which was for medical expenses, the
total value billed by service providers, prior to being written down by
insurer’s contract and prior to insurance payment. Actual medical expenses paid
by the victim was $2,267, which trial court had authority to triple. Trial court
further abused discretion in ordering $3,076 in lost wages, when the State
failed to establish this by preponderance of evidence. Evidence re: restitution
of $5,000 for future medical expenses was too speculative and also stricken.
Remanded for Modification.
November 2012
Dimaggio, Jr., Jason Kenneth v. State, COCA Case No.
F-2011-656 (November 1,
2012)
(Double Jeopardy/Double Punishment) Count for possession of oxycodone
dismissed because it was inseparable from the completed robbery in which the
drug was demanded.
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.
Thompson, Jason Harvey v. State, COCA Case No.
C-2012-287 (November 27, 2012)
(Guilty Plea Decisions) Failure to hold hearing on motion to withdraw plea
requires remand
October 2012
Ceniceros, Jr., Jesus v. State, COCA Case No.
F-2011-858
(October 5, 2012)
(Double Jeopardy/Double Punishment) Two counts of trafficking based on the
same transactions as another count reversed with instructions to dismiss.
State v. Campbell, James Monroe, COCA Case No.
S-2012-194 (October 30, 2012)
(State Appeals; Search and Seizure) District Court’s Order granting Motion
to Suppress Evidence affirmed. Case dismissed
September 2012
Anson, Hollis Michael v. State, COCA Case No.
C-2011-1119
(September 5, 2012)
(Guilty Pleas; Ineffective Assistance of Counsel) Counsel’s conflict of
interest prevented defendant from receiving effective assistance of counsel at
the Hearing on the Motion to Withdraw Plea. Certiorari granted.
Dever, Lorance Ridell v. State, COCA Case No.
RE-2011-0359
(September 27, 2012)
(Revocation/Acceleration Decisions) Revocation vacated because hearing not
heard within 20 days of entry of plea of not guilty; no waiver of the 20-day
rule.
Gilford, James Lee Jr. v. State, COCA Case No.
F-2010-1237 (September
5, 2012)
(Double Jeopardy/Double Punishment) Convictions for Robbery, A&B and Assault
while Masked determined to be all one act. Counts for A&B and Assault while
Masked reversed with instructions to dismiss.
Gipson, Tony Ray v. State, COCA Case No.
F-2011-366
(September 12, 2012)
(Evidence, Other Crimes; Prosecutorial Misconduct) Resentencing granted for
errors in admission of other bad acts evidence and prosecutorial argument re:
lack of remorse.
Green, Terry Lamar v. State, COCA Case No.
C-2012-52
(September 21, 2012)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Trial court
denied counsel’s motion to withdraw prior to the plea withdrawal hearing.
Counsel interrupted to "correct" client about advice given prior to and during
plea. Remanded for a new hearing on the motion to withdraw plea with
conflict-free counsel.
Hall, Alexander Brandon v. State, COCA Case No.
C-2011-945
(September 6, 2012)
(Guilty Pleas; Double Jeopardy/Double Punishment) Assault with Dangerous
Weapon is not separate from the act of Robbery with a Weapon. Assault conviction
reversed with instructions to dismiss.
Martin, Ronnie Lee v. State, COCA Case No.
F-2011-563
(September 21, 2012)
(Ineffective Assistance of Counsel) Reversed and remanded for further
proceedings with competent counsel.
Payton, Dara D. v. State, COCA Case No.
F-2011-4 (September
6, 2012)
(Revocation/Acceleration Decisions; Sentencing) Remanded to district court
with instructions to correct the Deferment Order to correctly memorialize the
terms and conditions of the deferment orally pronounced by the court.
Ussery, Edgar Lee v. State, COCA Case No.
C-2011-875
(September 12, 2012)
(Guilty Plea Decisions; Sentencing) Remanded to correct the judgment and
sentence to reflect credit for time served and correct number of prior
convictions.
August 2012
Cleveland, Christopher D’Shun v. State, COCA
Case No. F-2011-482 (August 9, 2012)
(Jury Instructions, Misleading/Confusing) Plain error found
where trial court did not instruct jury that material nature of perjured
statement could be considered in setting punishment. Sentence modified.
Dang, Nhanh Van and Nguyen, Nhi Thi v. State, COCA Case No.
S-2012-214 (August 13, 2012)
(State Appeals) Stop of vehicle not supported by reasonable suspicion.
Suppression of evidence affirmed.
Tate, Lonnie Wayne v. State, COCA Case No.
F-2011-460
(August 13, 2012)
(Double Jeopardy/Double Punishment; Fines, Fees and Costs) Convictions for
Obstructing an Officer and Resisting an Officer violated double punishment.
Under the facts, Obstructing (misdemeanor) was part and parcel of the felony
charge of Attempting to Elude. Resisting an Officer (misdemeanor) was part and
parcel of the felony A&B on a Police Officer. Speeding and running roadblocks
were not subsumed by the Attempting to Elude count. Misdemeanors reversed with
instructions to dismiss. Fine for speeding also modified to statutory maximum.
Tran, Huyen Ai Thi v. State, COCA Case No.
F-2011-480
(August 9, 2012)
(Fines, Fees and Costs) Remanded to district court to correct judgment and
sentence imposing a $250 fine which should have been $150.
July 2012
Chambers, Dale Anthony v. State, COCA Case No.
F-2010-1079 (July 13, 2012)
(Sixth Amendment; Evidence, Expert Testimony) Sexual assault exam report
generated by members of multi-disciplinary team was prepared for
use in a criminal trial, and "falls under the category of testimonial evidence
subject to the confrontation clause." Admission of the report violated 6th
Amendment unless declarants were unavailable or defense had prior opportunity to
cross examine the non-testifying witnesses.
Lymen, Steven Cory v. State, COCA Case No.
S-2011-765 (July
13, 2012)
(State Appeals; Evidence, Sufficiency) Trial court found that
the initial identification was unduly suggestive and tainted the subsequent
in-court identification. Identification suppressed, case dismissed. District
court ruling affirmed.
June 2012
No Win Opinions for the month of June.
May 2012
Dinkins, Ronald Alvis v. State, COCA Case No.
F-2010-548 (May 23, 2012)
(Pro Se) Appellant not properly warned by the district court of the
dangers of self-representation. Reversed and remanded for new trial.
Pace, Philipe Jean v. State, COCA Case No.
C-2011-592 (May 10, 2012)
(Pro Se; Guilty Plea Decisions) Record does not reflect clear and
unequivocal assertion of right to self-representation or knowing and intelligent
waiver of counsel. Certiorari granted.
Turner, Chad Allen v. State, COCA Case No.
F-2010-1128 (May 9, 2012)
(Double Jeopardy/Double Punishment) Convictions for both conspiracy to
manufacture and conspiracy to traffic methamphetamine violated double punishment
provisions, where the overt acts for both conspiracies were the same. Court
reverses and dismisses the count with the lesser sentence.
April 2012
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.
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.
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.
State v. Daren Levi Geyer, COCA Case No.
S-2011-543 (April 6, 2012)
(State Appeals) State appeals orders suppressing evidence due to discovery
violations. COCA finds no abuse of discretion. "Common sense dictates that the
more severe the sanction, the more likely the problem will be remedied in future
cases."
State v. Blair Rix Miller, COCA Case No.
S-2011-545 (April 6, 2012)
(State Appeals) State appeals orders suppressing evidence due to discovery
violations. COCA finds no abuse of discretion. "Common sense dictates that the
more severe the sanction, the more likely the problem will be remedied in future
cases."
State v. Nicholas Demir Say, COCA Case No.
S-2011-544 (April 6, 2012)
(State Appeals) State appeals orders suppressing evidence due to discovery
violations. COCA finds no abuse of discretion. "Common sense dictates that the
more severe the sanction, the more likely the problem will be remedied in future
cases."
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.
March 2012
Gilbert, Isaiah Hasan v. State, COCA
Case No. F-2011-354 (March 29,
2012)
(Ineffective Assistance of Counsel, Sentence, Excessive)
Deficient performance by counsel affected sentencing. Failure to object to
extraneous information re: priors affected sentence. Modified from 30 to
20 years.
Jones, Michael Lee v. State, COCA Case No.
F-2010-644 (March 27, 2012)
(Fines, Fees and Costs) Trial court improperly bifurcated sentencing on
misdemeanor count. Fine vacated.
Sanders, Mark A. v. State, COCA Case No.
F-2010-1191 (March 30,
2012)
(Revocation/Acceleration Decisions; Evidence, Sufficiency) Plain error to
accelerate deferred sentence solely by taking notice of evidence heard in
another case (where defendant was convicted but conviction was not shown to be
final).
State v. Pamela Dejear, COCA Case No.
S-2011-774 (March 1, 2012)
(State Appeals; Evidence, Sufficiency) Magistrate dismissal of prosecution
for possession of firearm while under DOC Supervision affirmed because State had
not proven that defendant was under DOC supervision.
State v. Wendel Hughes, COCA Case No.
S-2011-0801 (March 26, 2012)
(State Appeals) Magistrate at prelim sustained defense demurrers to two of
three counts, and was upheld by District Court Judge. State did not meet its
burden of showing the decision was "clearly erroneous."
February 2012
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, Dustin Loyal v. State, COCA Case No.
RE-2011-249 (February 23,
2012)
(Evidence, Sufficiency) No evidence conduct was a contributing factor to
accident. Sentence after revocation modified to time served.
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.
Stinson, Sr., Christopher v. State, COCA Case No.
F-2011-70 (February 24, 2012)
(Double Jeopardy/Double Punishment) Manufacturing cds (which was also the
underlying felony for felony murder) dismissed as violating double jeopardy.
Stolhand, Teddy William v. State, COCA Case No.
S-2011-467 (February 1, 2012)
(State Appeals) Defendant whose rights to possess firearms had been restored
after successful completion of deferred in 2004 cannot be subject to prosecution
for firearm possession based on the 2010 change in the law requiring a 10-year
waiting period before rights are restored.
January 2012
Berry, Marcus Dejuan v. State, COCA Case No.
F-2010-547 (January 24, 2012)
(Double Jeopardy/Double Punishment) Convictions for Lewd Molestation and
Kidnapping violate Section 11. Kidnapping count reversed and dismissed.
Johnson, James Parnell v. State, COCA Case No.
RE-2011-277 (January 10, 2012)
(Fines, Fees & Costs) Under 21 § 142.18(A), VCA must be imposed at
sentencing after conviction, plea or agreed to deferment, not after other
proceedings. Revocation affirmed, but VCA vacated.
Louie, Myron Emanuel v. State, COCA Case No.
C-2011-546
(January 17, 2012)
(Guilty Plea Decisions) Remanded for appointment of conflict-free counsel
for motion to withdraw plea hearing.
Taylor, Joshua Dee v. State, COCA Case No.
RE-2010-819 (January
30, 2012)
(Revocations/Accelerations) Remanded for new journal entry reflecting
revocation rather than newly imposed judgment and sentence.
December 2011
Gibson, Frank Leroy v. State, COCA Case No.
F-2010-651 (December 13, 2011)
(Prosecutorial Misconduct) Trial court erred in informing jury of defense
counsel’s pending criminal case. Prosecutor erred in stating opinion of
defendant’s guilt and vouching for state’s witness. Life sentence modified to 25
years.
Luck, Larry Gene v. State, COCA Case No.
M-2010-1026 (December 1, 2011)
(Restitution) Remanded for proper determination of restitution.
McGhee, Cynthia v. State, COCA Case No.
RE-2010-706 (December 1, 2011)
(Revocation/Acceleration; Restitution) Remanded for a hearing regarding
ability, or lack thereof, to pay restitution and court costs.
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.
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.
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.
November 2011
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.
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.
Earsley, Dwan Marie v. State, COCA Case No.
F-2010-572 (November 17, 2011)
(Revocation/Acceleration; Restitution) Acceleration reversed because State
did not prove failure to pay restitution was wilful.
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.
October 2011
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.
Aranda, Joel Christion. v. State, COCA Case No.
S-2011-0024
(October 17, 2011)
(State Appeals) State appealed magistrate’s ruling sustaining demurrers to 6
counts. Magistrate’s ruling was upheld by the district court. State failed to
show an abuse of discretion.
B.J.S. v. State, COCA Case No. J-2011-0475
(October 25, 2011)
(Juvenile Adjudication/Certification) State’s failure to appeal
certification of client as juvenile cannot be circumvented by dismissing the
juvenile action and refiling as an adult/YO case.
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.
Franco, David v. State, COCA Case No.
S-2011-0023 (October 17, 2011)
(State Appeals) State appealed magistrate’s ruling sustaining demurrers to 2
counts of using vehicle in discharge of weapon. Magistrate’s ruling was upheld
by the district court. State failed to show an abuse of discretion.
J.F. v. State, COCA Case No. J-2011-514
(October 12, 2011)
(Juvenile Adjudication/Certification) Defendant certified as a juvenile and
the State appealed. "After the State failed to appear at oral argument"...the
case was decided on the briefs, and the certification was upheld.
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.
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.
R.J.T. v. State, COCA Case No. J-2011-394
(October 28, 2011)
(Juvenile Adjudication/Certification) State appealed certification of youth
as a juvenile, rather than youthful offender, on arson charges. No abuse of
discretion found; ruling for youth to be prosecuted as a juvenile affirmed.
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.
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.
September 2011
Caswell, Janice D. v. State, COCA Case No.
C-2010-1139 (September 23, 2011)
(Guilty Plea Decisions) Trial court failed to conduct hearing on the
application to withdraw plea. Remanded for evidentiary hearing.
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.
Cullins, Rodney Gene v. State, COCA Case No.
C-2010-1113 (September 8, 2011)
(Fines, Fees and Costs; Guilty Plea Decisions) $50,000 fine was not
authorized by statute; modified to $10,000.
K.T.L. v. State, J-2011-462
(September 27, 2011)
(Juvenile Adjudication/Certification; Abuse of Discretion) District Court’s
order denying motion for certification as a juvenile was an abuse of discretion
where substantial evidence supported K.T.L.’s motion to be treated as a
juvenile. Reversed and remanded for certification as a juvenile.
Myrie, Antonio Catalino Jr. v. State, COCA Case No.
F-2009-1142 (September 1, 2011)
(Sixth Amendement; Abuse of Discretion) Trial court’s denial of continuance
and failure to ensure counsel were provided preliminary hearing transcripts
prior to trial resulted in denial of transcripts to defendant constitutionally
entitled to them. Also abuse of discretion found in joinder of two separate
cases arising from property crimes more than two months apart. Reversed and
remanded for new trial.
Seals, Shea Brandon v. State, COCA Case No.
S-2011-208
(September 29, 2011)
(State Appeals; Search and Seizure) Trial court’s ruling finding no probable
cause for traffic stop upheld. Evidence supported finding that car did not cross
the marked line "for any appreciable amount of time."
Smith, Karen Deborah v. State, COCA Case No.
C-2010-1059
(September 23, 2011)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Remanded for new
hearing on motion to withdraw plea because same attorney handled plea and motion
to withdraw.
Stewart, Lawrence Grant v. State, COCA Case No.
F-2010-615 (September 1,
2011)
(Double Jeopardy/Double Punishment) Conviction of parent for child sexual
abuse, in addition to convictions for individual sex offenses, constitute double
punishment. Count reversed with instructions to dismiss.
Strong, Joe Reaner v. State, COCA Case No.
F-2009-1181 (September 2, 2011)
(Jury Instructions/Lesser Offenses) Second Degree Felony Murder with child
neglect as underlying felony reversed and remanded for new trial because trial
court failed to instruct on defense theory of second degree manslaughter.
Walker, Julius Jerome v. State, COCA Case No.
C-2010-1129 (September 28,
2011)
(Guilty Plea Decisions; Double Jeopardy/Double Punishment) One count of A&B
with Dangerous Weapon Reversed with Instructions to Dismiss as a Section 11
double punishment error because it "was based upon the same general act which
formed part of the basis for the crime charged" in another count.
Wilkes, Darren Casey v. State, COCA Case No.
C-2011-51 (September 2, 2011)
(Guilty Plea Decisions) Certiorari must be granted because term of
negotiated plea was participation in RID program, but DOC rejected defendant for
the program.
August 2011
*Crews, Lori Pamela v. State, COCA Case No.
PR-2006-120 (April 18, 2006)
(Guilty Pleas; Abuse of Discretion) Defendant’s Writ of Prohibition/Mandamus
Granted in Part and Denied in Part. While district court had statutory authority
to reject the nolo contendere plea on one count, it had no authority to
prevent defendant from entering blind plea of guilty to other count. Defendants
have a clear and unilateral right to enter a blind or a negotiated plea of
guilty.
* From past and not an opinion but perceived to be very helpful.
Baker, Steven B. v. State, COCA Case No.
RE-2010-9 (August 23, 2011)
(Sentencing, Excessive; Revocation/Acceleration Decisions) Revocation in
full exceeded the term remaining on the suspended sentences because some time
was previously served.
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.
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.
Polk, Douglas H. v. State, COCA Case No.
C-2010-765 (August 16, 2011)
(Double Jeopardy/Double Punishment) Luring and Lewdly looking on a child
were part of the same act as raping the child. Lewd molestation conviction
remanded with instructions to dismiss.
Thompson, Amanda Moncella v. State, COCA Case No.
F-2009-648 (August 31,
2011)
(Revocation/Acceleration Decisions; Guilty Plea Decisions) Acceleration
case, but defendant not advised at the time of acceleration of right to move to
withdraw the guilty plea. Defendant "properly sought an out of time certiorari
appeal through a request for post-conviction relief," the matter must be
remanded to allow defendant the opportunity to withdraw her plea.
July 2011
Harger, Shawn Leroy v. State, COCA Case No.
C-2010-1033
(July 21, 2011)
(Ineffective Assistance of Counsel) IAC and conflict where same attorney
counseled plea and represented defendant at Motion to Withdraw Plea Hearing.
Remanded for new hearing.
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.
Monaco, Anthony Frank v. State, COCA Case No.
C-2010-260 (July 20, 2011)
(Ineffective Assistance of Counsel) IAC and conflict where same attorney
counseled plea and represented defendant at Motion to Withdraw Plea Hearing.
Remanded for new hearing on motion.
Potts, Clinton Riley v. State, COCA Case No.
C-2010-2 (July 21, 2011)
(Ineffective Assistance of Counsel) At remanded hearing, trial court found
trial counsel was ineffective, and that the State had failed to disclose
favorable treatment given to State’s witness as a reward for testifying. AG did
not dispute the trial court’s findings. Reversed and remanded for new trial.
June 2011
Anthony, Christopher Lee v. State, COCA Case No.
RE-2010-512 (June 22, 2011)
(Sixth Amendment; Abuse of Discretion; Revocation/Acceleration) Trial court
abused discretion by denying court-appointed counsel solely because defendant
had posted bond. Reversed and remanded for new hearing on motion to revoke.
Dodson, Kelsey Danielle v. State, COCA Case No.
F-2010-422 (June 21, 2011)
(Fines, Fees and Costs) Fine imposed by judge (but not jury) stricken. Court
Fund fee vacated; Victim Compensation Assessment remanded for appropriate
hearing.
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.
Rowan, Jeffrey Eugene v. State, COCA Case No.
F-2009-385 (June 3, 2011)
(Evidence, Expert Testimony) Newly discovered evidence that SANE nurse had
lost her license due to prescription drug abuse (occurring at time nurse
examined child and testified). COCA finds the evidence relevant to credibility
and critical to jury’s determination of guilt. Child Sexual Abuse, 35 years,
remanded for new trial.
May 2011
Bills, Kassie Lakei v. State, COCA Case No.
F-2009-404 (May 5, 2011)
(Jury Selection; Jury Instructions, Other) Preliminary discourse from trial
court during voir dire on how to handle potential deadlock was plain error.
Reversed and remanded for new trial.
Christon, Marcus Jermaine v. State, COCA Case No.
C-2010-695 (May 12,
2011)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Failure to
appoint new counsel to litigate motion to withdraw plea when client alleged
counsel "tricked" him into entering the plea, required new hearing on the motion
to withdraw plea.
Frye, Bobie Troy v. State, COCA Case No.
F-2009-998
(May 5, 2011)
(Jury Selection; Fines, Fees and Costs) Limitation of 30 minutes for Voir
Dire not reasonable and an abuse of discretion. In issue of first impression,
court finds that non-capital defendants must be allowed to voir dire on
sentencing bias (when jurors would consider full range of punishment). Failure
to give instruction re: no adverse inference from defendant’s failure to
testify, which was requested, is a constitutional and plain error. Imposition of
$1,000 fine by court (when jury failed to assess one) was error and must be
vacated.
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.
Morrison, Waymond George v. State, COCA Case No.
F-2009-749 (May 12,
2011)
(Double Jeopardy/Double Punishment) Convictions for Distributing CDS and
Possession of Proceeds arose from the same act of selling cocaine. Count for
Possession of Proceeds 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.
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.
Wise, Twilia Renae v. State, COCA Case No.
F-2009-1110 (May 4, 2011)
(Ineffective Assistance of Counsel) Trial counsel was ineffective for
failing to adequately cross examine accomplices on their credibility and
motivation to lie (they had only been charged with burglary, when could have
been charged with Murder 1). Reversed and remanded for new trial.
April 2011
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.
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.
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.
Kinter, Silvon Dane v. State, COCA Case No.
C-2010-431
(April 22, 2011)
(Guilty Plea Decisions; Right to Counsel*) Refusal to appoint counsel
to defendant who had previously retained counsel but could not pay forced
defendant to choose trial with counsel that did not want to represent him (due
to lack or payment) or no counsel whatsoever. Certiorari granted.
Thompson, Gary Don II v. State, COCA Case No.
F-2010-288
(April 7,
2011)
(Search and Seizure) Evidence supporting conviction was the product of an
unlawful detention. Officer had no particularized suspicion of criminal activity
only the fact that Appellant and companion were walking in a "high crime area"
Reversed with instructions to dismiss.
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.
March 2011
Epperson, Paul Renodo v. State, COCA Case No.
RE-2009-655
(March 25, 2011)
(Revocation/Acceleration Decisions; Fines, Fees and Costs) Order assessing
incarceration fees did not follow statutory procedure. Order assessing fees for
days not yet served vacated; but district court allowed to take corrective
action on how fees are assessed.
February 2011
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.
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.
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.
Tiger, Travis Ray v. State, COCA Case No.
F-2010-223
(February 16, 2011)
(Fines, Fees and Costs) Plain error to impose restitution without supporting
evidence. Remanded for proper determination of restitution.
Tran, Huyen Cleveland v. State, COCA Case No.
C-2009-1033
(February 28, 2011)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Conflict of
interest of counsel in representing both parties charged with child
abuse/permitting child abuse, when defense would be to accuse the other.
Remanded to allow withdrawal of plea.
January 2011
Cavner, Steven Matthew v. State, COCA Case No.
S-2010-540
(January 20, 2011)
(State Appeals) State failed to establish that Deputy possessed more than a
hunch or generalized suspicion of criminal activity when traffic stop occurred.
Order granting Motion to Suppress affirmed.
A.M. v. State, COCA Case No. J-2010-788 (January 19, 2011)
(Youthful Offender; Sentence, Abuse of Discretion) Trial court abused its
discretion in ordering sentencing as adult. Findings were that defendant could
complete rehabilitation plan and public could be protected. Reversed for
sentencing as a Youthful Offender if convicted.
M.D.M v. State, COCA Case No. J-2010-839 (January
25, 2011)
(Juvenile Adjudication/Certification) Trial court abused its discretion in
ordering adult sentencing after finding that your could be treated and public
could be protected by YO program. Remanded for sentencing as a Youthful
Offender.
December 2010
Bickham, Derrick Ewayne v. State, COCA Case No.
C-2010-337 (December 8,
2010)
(Guilty Plea Decisions; Fines, Fees and Costs) Certiorari denied, but
remanded determination of whether Appellant was a mentally ill person as defined
by 43A O.S. § 1-103. If determined mentally ill, Appellant would be exempt from
imposition of jail incarceration costs.
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.
D.R.F. v. State, COCA Case No.
J-2010-653 (December 1, 2010)
(Juvenile Adjudication/Certification; Sentence, Abuse of Discretion)
Evidence revealed Appellant was amenable to treatment and likely to be
rehabilitated. Belief that Appellant would discontinue treatment/rehabilitation
without adult sanction was an erroneous presumption. "The speculative fear that
Appellant might discontinue treatment is not great enough to override the
statute’s favoring of juvenile retention." District Court order sustaining
State’s motion to certify as an adult reversed with instructions to retain as a
child.
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.
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.
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
November 2010
Damon, Eric Anthony v. State, COCA Case No.
C-2010-210
(November 23, 2010)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Plea counsel had
conflict of interest in litigating the motion to withdraw plea. Certiorari
granted. Remanded for new hearing on motion to withdraw plea.
Palos-Tellos, Valentin v. State, COCA Case No.
C-2009-1192 (November 19, 2010)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Plea counsel had
conflict of interest in litigating the motion to withdraw plea. Certiorari
granted. Remanded for new hearing on motion to withdraw plea.
Stein, Jesse Douglas v. State, COCA Case No.
M-2009-1064 (November 9, 2010)
(Bench Trial) Record silent on waiver of jury trial; State’s motion to
supplement with affidavits from the trial judge, the ADA, and trial counsel was
granted but deemed insufficient to show Appellant made a competent, knowing and
intelligent waiver. Remanded for a new trial.
October 2010
Smith, Timothy Lynn v. State, COCA Case No.
S-2009-944 (October 28, 2010)
(State Appeals; Statutory Construction) Amendments to the Sex Offender
Registration Act that become effective after the date of plea and sentencing are
not applicable.
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.
September 2010
Brumfield, Jeffery Dale v. State, COCA Case No.
S-2009-858
(September 10, 2010)
Brumfield, Margaret Ann v. State, COCA Case No.
S-2009-862
(September 10, 2010)
(State Appeal; Search and Seizure) State appealed district court decision to
suppress. Trial court ruling that there was not probable cause to search vehicle
affirmed. "[R]easonable suspicion that a motorist is under the influence of an
intoxicant is not the same as probable cause to believe that controlled
substances will be found in the motorist’s vehicle."
Gatewood, Roscoe Curtis Jr. v. State, COCA Case No.
C-2009-542
(September 24, 2010)
(Joinder of Parties; Guilty Plea Decisions) Gatewood and co-defendant were
represented by different attorneys in the same firm, and had a "joint defense
agreement," which provided one would not testify against the other. However, on
day of trial, co-defendant pled to a reduced charge in exchange for agreement to
testify for the State. Gatewood waived jury trial and later entered a blind
plea. "The joint representation by two members of the same firm, owing loyalty
to both clients, adversely affected Gatewood’s representation." Certiorari
granted.
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.
Revard, John Wesley v. State, COCA Case No.
F-2009-614 (September 13,
2010)
(Evidence, Other Crimes; Due Process) Trial court erred in allowing
evidence that Appellant rean away when police attempted to arrest him on an
unrelated felony warrant, led police on a chase, was observed looking into
vehicles for keys, and "probably" stole a local resident’s pickup while eluding
officer. This was not res gestae to charged offense and held little, if any
relevance, but "simply established Appellant’s bad character." Although harmless
beyond reasonable doubt as to guilt/innocence, when combined with other second
stage error (admitting exhibits with explicit references to probation),
modification was required.
August 2010
Chiles, Vicki Leigh v. State, COCA Case No.
F-2008-433 (August 24, 2010)
(Jury Deliberations) Reversible error not to instruct jury on the meaning of
"life without parole," particularly because of the number of questions the jury
asked regarding the meaning of this term. Sentence shocks the conscience of the
Court and is modified.
Sutton, Donald Edward v. State, COCA Case No.
C-2009-665 (August 24, 2010)
(Guilty Plea Decisions) Plea not entered knowingly and voluntarily if not
informed of 85% requirement. Certiorari granted.
July 2010
Smith, Joseph Lander v. State, COCA Case No.
F-2009-535 (July 2, 2010)
(Prosecutorial Misconduct; Evidence, Other Crimes; Sentence, Excessive)
Failure to redact information re: defendant’s prior suspended sentence and
State’s use of this information in closing required modification. Sentence
modified.
Jeffery, Jermaine Darnell v. State, COCA Case No.
F-2009-335 (July
16, 2010)
(Double Jeopardy/Double Punishment) Plain error occurred when the trial
court entered convictions for first degree felony murder and the underlying
felony. Count for shooting with intent to kill reversed with instructions to
dismiss.
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.
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.
June 2010
Hooks, Leon Lee v. State, COCA Case No.
C-2009-900 (June 9, 2010)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Remanded for new
evidentiary hearing on motion to withdraw plea with conflict-free counsel.
"Attorney was faced with the dilemma of either trying to prove his client’s case
that he was ineffective (in counseling the plea) or disputing his claim."
Roberson, Lewis William v. State, COCA Case No.
F-2009-398 (June 11, 2010)
(Double Jeopardy/Double Punishment) Possession of two different controlled
dangerous substances should have been charged as a single account. One count
reversed with instructions to dismiss.
Townsend, Don Wayne Jr. v. State, COCA Case No.
S-2009-1176 (June 22, 2010)
(State Appeal) State sought determination on sufficiency of the trial
evidence. This was not a proper reserved question of law.
Baker, Jimmy Lee v. State, COCA Case No.
F-2009-528 (June 23, 2010)
(Due Process; Prosecutorial Misconduct) State failed to disclose the
victim’s pending drug charges, plea agreement, and prior felony conviction
contrary to Brady v. Maryland. Reasonable probability that had the
evidence been disclosed to the defense, the result of the trial would have been
different. Reversed and remanded for new trial.
Young, Thomas Ray v. State, COCA Case No.
F-2009-407 (June 23, 2010)
(Evidence, Other Crimes) Other crimes evidence was more prejudicial than
probative affecting the sentences imposed. Sentences modified to run
concurrently.
May 2010
Jones, Edward Q. v. State, COCA Case No.
RE-2010-0510 (May 7, 2010)
(Ineffective Assistance of Counsel; Revocation/Acceleration Decisions)
Appellant has a statutory right to be represented by counsel at a revocation
hearing. Remanded for a new hearing with Appellant to be represented by counsel
or a valid waiver in the record.
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.
April 2010
Fields, Derrick Andre v. State, COCA Case No.
F-2009-466 (April 2, 2010)
(Sentence, Abuse of Discretion) District Court cannot deviate from jury
assessment. Remanded for resentencing
March 2010
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.
Doyle, Leslie v. State, COCA Case No.
S-2009-719 (March 22,
2010)
(State Appeals; Statute of Limitations) Enhancement of DUI based on prior
DUI requires the conviction to have occurred within the 10-year window.
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.
Gillen, Sean Phillip v. State, COCA Case No.
C-2008-1155
(March 2, 2010)
(Guilty Plea Decisions) One count remanded to permit withdrawal of plea due
to lack of factual basis for the offense.
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.
Selders, Christy Anne v. State, COCA Case No.
S-2009-667
(March 15, 2010)
(State Appeals; Search and Seizure) District Court order dismissing count
one due to illegal search and seizure affirmed.
February 2010
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.
Grenemyer, Cody Robert v. State, COCA Case No.
F-2008-1199
(February 3, 2010)
(Evidence, General) State overreached with propensity evidence. Trial court
must balance the probative value of the evidence against its potential for
prejudice. Two LWOP sentences modified to Life.
Hayes, Zachary Glenn v. State, COCA Case No.
RE-2009-0080
(February 19, 2010)
(Revocation/Acceleration Decisions; Fines, Fees and Costs) Costs of
incarceration assessed at revocation hearing vacated.
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.
Montgomery, Jona Ann v. State, COCA Case No.
F-2007-1133
(February 19, 2010)
(Jury Instructions, Lesser Offenses; Evidence, Other Crimes; Evidence,
General) Murder 2 conviction reversed and remanded for new trial. Based on case
law, trial court refused to instruct on misdemeanor manslaughter. COCA
subsequently overruled the prior controlling decision and applied new ruling
(allowing instruction on the lesser offense) to this case since it also was
pending on appeal. Error also found in admitting other crimes and "lack of
remorse" evidence. Photographs of victim unduly prejudicial.
Overby, Christopher v. State, COCA Case No.
C-2008-617
(February 8, 2010)
(Guilty Plea Decisions) Conflict of interest between defendant and counsel
at motion to withdraw plea.
Reid, Floyd v. State, COCA Case No. C-2009-865 (February
22, 2010)
(Guilty Plea Decisions; Fines, Fees and Costs) Trial court’s imposition of
fine for each count was vacated, because defendant was not advised of fine
possibility as part of the negotiated plea.
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, James Dion v. State, COCA Case No.
F-2008-786
(February 18, 2010)
(Revocation/Acceleration Decisions) Acceleration of sentence was based upon
an act committed after the term of deferred sentence had expired. Reversed to
dismiss.
Taylor, Allen James v. State, COCA Case No.
F-2008-824
(February 22, 2010)
(Revocation/Acceleration Decisions; Drug Court) Error for District Court to
order sentences after Drug Court Termination to run consecutively when the
original sentence imposed ordered the sentences served concurrently.
Williams, Kory v. State, COCA Case No.
C-2008-1183
(February 4, 2010)
(Guilty Plea Decisions) Confusion in the range of punishment (whether
sentencing was as a first offender or AFC) rendered plea not knowing and
voluntary. Certiorari granted.
January 2010
Baker, Mitchell Dewayne v. State, COCA Case No.
F-2008-1087
(January 27, 2010)
(Restitution) Restitution order vacated and remanded for proper
determination.
Frierson, Sedrick v. State, COCA Case No.
RE-2008-1001
(January 6, 2010)
(Sentencing) Remanded for correction order to state that the balance of the
term of suspended sentences is to be unsupervised. Oral pronouncement governs
over erroneous written order.
Murray, William Jackson v. State, COCA Case No.
C-2009-89
(January 8, 2010)
(Guilty Plea Decisions; Due Process) Hearing on Motion to Withdraw Plea is
mandatory. Remanded for hearing.
Robinson, Lee Otis Jr. v. State, COCA Case No.
C-2009-317
(January 11, 2010)
(Guilty Plea Decisions; Due Process) Actual conflict existed between client
and counsel at the Motion to Withdraw Plea Hearing because counsel became a
witness adverse to her client. Remanded for a new hearing on the Motion to
Withdraw Plea.
State v. Trask, Heather Renee, COCA Case No.
S-2009-363
(January 26, 2010)
(State Appeals) District court order limiting prosecution theory affirmed.
Trask was charged with alternate theories of child abuse murder and/or
permitting child abuse. Husband already convicted under State’s theory that he
inflicted injuries. Order that State cannot now argue that she inflicted the
injuries stands.
December 2009
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.
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.
State v. Chavez, Angel, COCA Case No.
S-2009-235 (December 14, 2009)
(State Appeals) Officer did not have reasonable suspicion of criminal
activity to extend defendant’s detention beyond the traffic stop. Trial court’s
order granting Motion to Suppress affirmed.
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."
November 2009
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.
Butler, Johnny Clyde v. State, COCA Case No.
C-2009-410 (November 19,
2009)
(Guilty Plea Decisions; Due Process) Remanded for Evidentiary Hearing (On
Motion toWithdraw Plea). No hearing was conducted before trial court denied
motion, and is mandatory under the rules.
Day, Chavis Lenard v. State, COCA Case No.
F-2007-526 (November 19, 2008)
(Sentencing) 85% Rule does not apply to attempted robbery offenses.
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.
October 2009
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.
Ferrell, Robert C. v. State, COCA Case No.
F-2008-1016 (October 22, 2009)
(Fines, Fees and Costs) Costs and fees ordered on counts for which client
was acquitted were vacated, to be corrected Nunc Pro Tunc.
Hoffman, Phill Davonne, Robert C. v. State, COCA Case No.
F-2009-1 (October 29, 2009)
(Evidence, Other Crimes; Prosecutorial Misconduct) State’s exhibit included
unredacted certified copy showing prior suspended sentence had been revoked in
full. Admission of the exhibit was plain error, compounded by prosecutor’s
inquiry on cross examination of Appellant. Also, prosecutor’s closing was
improper. Sentence modified to the minimum.
Hooks, Marcus Durell. v. State, COCA Case No.
F-2008-1014 (October 22, 2009)
(Fines, Fees and Costs) Costs and fees ordered on counts for which client
was acquitted were vacated, to be corrected Nunc Pro Tunc.
James, Vernon Leroy v. State, COCA Case No.
F-2008-1095
(October 20, 2009)
(Prosecutorial Misconduct) Prosecutorial Misconduct in argument and
admission of evidence required modification. Prosecutor engaged in argument in
opening statement; appealed to jury sympathy during closing argument; 18
photographs were unnecessarily cumulative. Sentence modified to 45 years.
Myers, William John v. State, COCA Case No.
RE-2008-880 (October 29, 2009)
(Revocation/Acceleration Decisions; Due Process) Trial court was without
jurisdiction to revoke in the case that lacked the proper motion by the State.
Reversed.
Vaughn, Olindia Toann. v. State, COCA Case No.
C-2009-17
(October 27, 2009)
(Ineffective Assistance of Counsel) Petitioner denied effective assistance
of counsel at the plea withdrawal hearing, allowed to withdraw her plea.
September 2009
Barnett, Suzanne D. v. State, COCA Case No.
F-2008-289 (September 3, 2009)
(Drug Court; Sentence, Abuse of Discretion) Decision to end drug court
participation was an abuse of discretion. Termination from Drug Court reversed
with instructions to reinstate.
Henderson, William Eugene v. State, COCA Case No.
C-2008-938 (September 30, 2009)
(Double Jeopardy/Double Punishment; Guilty Plea) Kidnapping conviction
reversed and dismissed as violation of Section 11; it was part and parcel of the
robbery with firearm charge.
Vanmeter, Richard Lloyd v. State, COCA Case No.
F-2008-963 (September 24, 2009)
(Drug Court; Due Process) Denial of due process to terminate from Drug Court
without filing a Motion to Terminate. Termination from Drug Court reversed with
instructions to reinstate.
August 2009
Churchill, Roddy Maurice v. State, COCA Case No.
C-2008-69 (August 18, 2009)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Conflict of
interest prevented plea counsel (who also represented client at withdrawal
hearing) from fully representing client at motion to withdraw plea hearing,
because plea counsel defended his own interests, not those of client. Remanded
for new hearing.
Hamill, Malissa Latoya v. State, COCA Case No.
C-2009-48 (August 31, 2009)
(Guilty Plea Decisions) Certiorari granted. Defendant proceeded pro se at
Motion to Withdraw Plea Hearing without a proper waiver, and the error was not
harmless based on the record (where there was no transcript, and plea form had
irregularities).
Hogan, Daniel Timothy v. State, COCA Case No.
F-2008-667 (August 27, 2009)
(Statute of Limitations) Four counts reversed with instructions to dismiss
because they were outside the statute of limitations.
Ledgerwood, Thomas Clinton v. State, COCA Case No.
F-2008-579 (August 19, 2009)
(Double Jeopardy/ Double Punishment) Facts that gave rise to the charge of
kidnapping were inseparable from the facts comprising charges of Maiming and
Domestic A&B. Kidnapping count reversed and dismissed.
Smith, Adrian v. State, COCA Case No.
RE-2008-961 (August 27, 2009)
(Revocation/Acceleration Decisions) Revocation affirmed but Judgment and
Sentence remanded to reflect only 9 years revoked instead of 10 years.
Vasquez, Vincent v. State, COCA Case No.
F-2008-620 (August 5, 2009)
(Restitution) Trial court abused his discretion in imposing restitution.
Restitution Order vacated.
Watson, Walter Dewitt v. State, COCA Case No.
F-2007-638 (August 17, 2009)
(Double Jeopardy/Double Punishment; Prosecutorial Misconduct; Fines, Fees
and Costs) Separate convictions for trafficking different kinds of CDS (meth and
cocaine), and separate convictions for possession of a sawed off shotgun and
possessing the shotgun and other firearms during the commission of a felony each
constitute multiple punishments for single offenses. One trafficking count and
one count possession of firearm reversed. State’s misstatement of evidence in
closing argument required modification of sentence. Fines vacated because
imposed by the judge and not the jury.
July 2009
Johnson, Armand Rashawn v. State, COCA Case No.
F-2008-763 (July 24, 2009)
(Due Process; Jury Selection) Trial court abused his discretion in the
manner voir dire was conducted; and with premature comments about the
deliberation process which effectively became a pre-emptive Allen charge.
Reversed and remanded for new trial.
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.
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.
June 2009
Johnson, Jerry v. State, COCA Case No.
F-2008-538 (June 17, 2009)
(Bench Trial) Record failed to show a knowing and intelligent waiver of the
right to a jury trial. Reversed and remanded for new trial.
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.
Petty, Marcus Laquine v. State, COCA Case No.
F-2008-438 (June 26, 2009)
(Fines, Fees and Costs; Due Process) Remanded after trial court imposed
$5,000 VCA without considering statutory factors.
Sharrock, James Lee v. State, COCA Case No.
S-2008-953 (June 19, 2009)
(State Appeals; Evidence, General) State appeal from dismissal of case by
magistrate because case consisted of inadmissible hearsay. Dismissal affirmed.
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.
May 2009
C.C.S. v. State, COCA Case No.
J-2009-0091 (May 22, 2009)
(Juvenile Adjudication/Certification; Sentence, Abuse of Discretion) Trial
court abused its discretion in ordering sentencing as an adult. Reversed and
remanded for sentencing as a Youthful Offender should he be convicted of the
charged crimes.
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.
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.
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.
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.
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.
Wilkerson, Val v. State, COCA Case No.
F-2007-909 (May 13, 2009)
(Sentence, Abuse of Discretion) Sentence modified because trial court’s
carte blanche admission of all propensity evidence constituted an abuse of
discretion, which contributed to excessive sentence.
April 2009
Black, Betty Sue v. State, COCA Case No.
RE-2008-599 (April 10, 2009)
(Revocation/Acceleration Decisions; Restitution) Appellant demonstrated
failure to pay restitution was not wilful. Reversed with instructions to
dismiss.
Holden, Jeffrey Allen v. State, COCA Case No.
RE-2007-1233 (April 22, 2009)
(Revocation/Acceleration Decisions; Due Process) District Court lost
jurisdiction to hear revocation application when hearing was not held within 20
days of plea of not guilty. Reversed and dismissed.
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.
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.
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.
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.
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.
Williams, Floyd Ray, Jr. v. State, COCA Case No.
C-2008-682 (April 17, 2009)
(Guilty Plea Decisions) Defendant not advised at time of plea that driving
under suspension carried jail time. Sentence modified to fine only.
March 2009
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.
Daniels, Alan v. State, COCA Case No.
C-2008-593 (March 2, 2009)
(Guilty
Plea Decisions; Sentence, Excessive) Acceleration from five-year deferred to
life imprisonment for underlying offense of a single inch-and-a-half marijuana
plant shocked the conscience of the court. Modified to five years.
Rumbaugh, Jack Richard v. State, COCA Case No.
F-2007-1165 (March 27, 2009)
(Drug
Court; Sentence, Abuse of Discretion) Termination of Drug Court was abuse of
discretion. Reversed with instructions to reinstate into the Drug Court Program.
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.
Long, Bryan William, Jr. v. State, COCA Case No.
F-2007-636 & C-2007-743 (July 15, 2008)
(Drug Court; Sentence, Abuse of Discretion) Error to change sentence upon
termination of drug court in a way that enlarges sentence originally imposed.
Judicial Review limits District court is limited in 12 month judicial reviews to
downward sentencing modifications.
Welch, Fred Bennett v. State, COCA Case No.
F-2007-993 (March 27, 2009)
(Ineffective Assistance of Counsel; Evidence, Other Crimes) Counsel ineffective
for promising Defendant would testify, then not calling him as a witness. Also,
other crimes evidence regarding alleged molestation of child not admissible when
crime charged involved an adult victim. Reversed and remanded for new trial.
February 2009
Rayls, Leonard Allen v. State, COCA Case No.
F-2008-329 (February 27, 2009)
(Bench Trial,
Sixth Amendment) Waiver of right to jury trial must be clear, unambiguous,
knowing and intelligent, and on the record. Absent any record that the right was
personally waived, the case must be remanded for new trial.
Richardson, Robert Lee Jr. v. State, COCA Case No.
C-2007-1009 (February 24, 2009)
(Guilty Plea Decisions) Trial court erred in failing to hold a hearing on the
Motion to Withdraw Plea before denying the motion. Remanded for a hearing.
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.
January 2009
Belvin, Timothy Ray v. State, COCA Case No.
F-2008-229 (January 13, 2009)
(Evidence, Sufficiency) Element of charge not sufficiently proven at trial.
One count of Lewd Acts with a Child reversed with instructions to dismiss.
State v. M.H., COCA Case No. J-2008-800
(January 16, 2009)
(Youthful Offender) State failed to rebut evidence that Defendant should
receive treatment as a Youthful Offender.
December 2008
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.
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.
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.
October 2008
Brown, Tony Carnell v. State, COCA Case No.
F-2007-987 (October 10, 2008)
(Jury Instructions, Lesser Offenses; Evidence, Expert Testimony) Trial court
should have given lesser included offense instructions. Error for State’s
witness to testify that based on neurolinguistic training, the defendant lied in
his statement. Reversed and remanded for new trial.
Hayes, Robert Dewayne III v. State, COCA Case No.
F-2007-340
(October 24, 2008)
(Double Jeopardy/ Double Punishment) Convictions for both felony murder and
the underlying felony of shooting with intent to kill violated Section 11
prohibition against double punishment. Count for Shooting with Intent to Kill
dismissed.
Hunter, Ricky Louis v. State, COCA Case No.
F-2007-856 (October 10, 2008)
(Double Jeopardy/ Double Punishment) Convictions for lewd or indecent
proposal and using a computer to commit the offense violated Section 11
prohibition against double punishment.
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.
Putman, Clifford v. State, COCA Case No.
S-2008-176 (October 9, 2008)
(State Appeal; Search and Seizure) Trial Court’s order suppressing evidence
State obtained from locked safe inside motel room where defendant was arrested
upheld.
White, Leroy Jr. v. State, COCA Case No.
F-2007-1162 (October 9, 2008
(Fines, Fees and Costs) Fines imposed at sentencing without jury input were
vacated.
September 2008
Barry, Michelle Ann v. State, COCA Case No.
F-2007-336 (September 25, 2008)
(Ineffective Assistance of Counsel) Trial counsel’s failure to even attempt
to limit the admission of highly prejudicial evidence at trial was unreasonable
and deficient. Reversed and remanded for a new trial.
Carr, Kendall Dewayne v. State, COCA Case No.
F-2006-1208 (September 23, 2008)
(Jury Selection) Defendant forced to use a peremptory to remove an
objectionable juror (a police officer), which forced him to keep an unsuitable
juror. Reversed and remanded for a new trial.
Dorr, Donald & Tanya v. State, COCA Case No.
F-2007-616
(September 19, 2008)
(Search and Seizure) After aerial observation, law enforcement went onto
defendants' property without a warrant and found marijuana growing. State did
not present any evidence to show necessity or exigent circumstance. Reversed and
dismissed.
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.
Roundtree, Walter v. State, COCA Case No.
F-2007-767 (September 3, 2008)
(Sentence, Abuse of Discretion) Trial court’s absolute refusal to even
consider concurrent terms in the event of a jury conviction is abuse of
discretion. Sentences modified to run concurrently.
August 2008
Bandy, Jason L. v. State, COCA Case No.
S-2007-1212 (August 6, 2008)
(State Appeals; Evidence, Expert Testimony) Trial court’s suppression of
results of DUI blood test affirmed because it was not done pursuant to statutory
provisions. State appeal failed to show that suppressed evidence formed a
substantial part of the proof of case against defendant for negligent homicide.
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.
Clonch, Michael Gary v. State, COCA Case No.
S-2007-668 (August 1, 2008)
(State Appeals) Motion to dismiss granted for lack of speedy trial affirmed.
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.
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.
July 2008
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.
Lopez, Jacqueline E. v. State, COCA Case No.
S-2008-53 (July 1, 2008)
(Evidence, Sufficiency) Magistrate’s decision to sustain demurrer affirmed.
Sanders, Barbara Denise v. State, COCA Case No.
RE-2007-850
(July 18, 2008)
(Revocation/ Acceleration; Due Process) Application to revoke not filed in
time to invoke District Court’s jurisdiction. Revocation order reversed with
instructions to dismiss.
June 2008
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.
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.
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.
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.
Shelton, Ronnie Ray v. State, COCA Case No.
RE-2006-1312 (June 5, 2008)
(Revocation/Accelerations; Sentence, Excessive) Trial court clerical error
indicated a seven year suspended sentence to be revoked, when only three years
were suspended.
Terry, Keyion Kaseen v. State, COCA Case No.
F-2007-432 (June 17, 2008)
(Due Process) Trial court originally granted a motion to quash the
information, but then reconsidered and reinstated the charge upon which
defendant was convicted. Trial court lost jurisdiction over the charge once the
motion to quash was granted, and only way for prosecution to be reinstated was
for State to appeal, or for a new charge to be filed. Reversed with instructions
to dismiss.
May 2008
Davis, Kevin v. State, COCA Case No.
RE-2007-378 (May 15, 2008)
(Revocation/Acceleration Decisions) Revocation reversed with instructions to
dismiss because probationary term expired before application to revoke was
filed.
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.
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.
Inuwa, Aminu Zegariah Tijuani v. State, COCA Case No.
C-2007-968 (May 15, 2008)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Remanded for new
hearing on Application to Withdraw Plea, due to conflict of interest between
attorney and client at original hearing.
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.
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.
L.M.P. v. State, COCA Case No. J-2008-02
(May 6, 2008)
(Youthful Offender) Trial court erred in ordering youth to stand trial as
adult for Murder I; she demonstrated by preponderance of evidence at trial court
that she should be treated as a youthful offender.
Robison, Bill Neal II v. State, COCA Case No.
F-2006-443 (May 15, 2008)
(Evidence, General) DUI reversed and remanded for new trial because blood
test results were admitted without evidence that test was conducted in
accordance with statutory guidelines.
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.
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.
April 2008
Bennett, Robert Carl v. State, COCA Case No.
S-2007-885 (April 29, 2008)
(Evidence, General) State Appeal. Magistrate’s ruling sustaining a demurrer
at preliminary hearing affirmed.
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.
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.
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.
March 2008
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.
Ferrante, Riccardo Gino v. State, COCA Case No.
S-2007-31 (March 7, 2008)
(Statutory Construction) Court affirms district court ruling granting motion
to quash. Defendant charged with peeping tom, for situating a camera under a
customer’s skirt at a discount store and taking photographs. Plain language of
the statute did not contemplate the defendant’s conduct, and Court finds it is
not the province of the court to enlarge the scope of the statute.
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."
Jones, Robert Larue v. State, COCA Case No.
F-2006-1339 (March 27, 2008)
(Jury Instructions; Other) Trial court failed to instruct on alibi defense
on basis that only evidence of alibi was the defendant’s testimony. Reversed and
remanded for new trial.
Shaw, Inez Lee v. State, COCA Case No.
C-2007-717 (March 31, 2008)
(Guilty Plea Decision; Sentence, Excessive) Sentences for Knowingly
Concealing Stolen Property modified because sentences exceeded statutory
maximum.
February 2008
Bray, Derlon Antwon v. State, COCA Case No.
RE-2007-0517 (February 4, 2008)
(Sentence, Excessive) Sentence revoked exceeded the original sentence
imposed.
Campbell, Patricia v. State, COCA Case No.
SR-2007-134
(February 21, 2008)
(Statutory Construction) Child neglect statute then in effect required proof
of all listed types of neglect. Trial court can accept plea to lesser offense
over the State’s objection.
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.
Free, Anthony Paul v. State, COCA Case No.
F-2006-1086 (February 25, 2008)
(Evidence, Other Crimes) Reversed and remanded for new trial due to other
crimes evidence that lacked visible connection to the charged offense.
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.
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.
Simmons, Christopher A. v. State, COCA Case No.
C-2007-50 (February 14, 2008)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Conflict between
counsel and client at evidentiary hearing. Remanded for new hearing on Motion to
Withdraw Plea.
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.
January 2008
Cleveland, Fredrick Demon v. State, COCA Case No.
F-2007-58 (January 11, 2008)
(Double Jeopardy/ Double Punishment) Possession of both cocaine base and
marijuana within a single container, constituted a single act of possession. One
count reversed with instructions to dismiss.
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.
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.
Schwab, Robert Eugene v. State, COCA Case No.
M-2007-192 (January 14, 2008)
(Information, Defective; Jury Instructions/ Lesser Offenses) Defendant was
charged with transmitting a threatening letter, but jury found him guilty of
lesser offense of Threatening by Telephone or Electronic Device. Lesser offense
was not a crime at the time the e-mail in question was sent. Conviction barred
by ex post facto principles. Reversed with instructions to dismiss.
December 2007
Carter, Marcus D. v. State, COCA Case No.
C-2007-821 (December 7, 2007)
(Guilty Plea Decisions) Attorney who advised plea also appeared at Motion to
Withdraw Plea hearing despite claim of ineffective assistance of counsel.
Remanded for hearing with conflict-free counsel.
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.
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.
Martin, Victor Allen v. State, COCA Case No.
F-2007-269 (December 4, 2007)
(Evidence, Sufficiency) Conviction for Possession of CDS (Methamphetamine)
dismissed because state failed to prove quantity possessed required a tax stamp.
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.
Strickland, Lyle Wayne v. State, COCA Case No.
F-2007-66 (December 3, 2007)
(Double Jeopardy/ Double Punishment) Convictions for running a roadblock and
eluding police officer violate prohibition against multiple punishment. Eluding
count dismissed.
November 2007
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.
Kingery, Earnest Ray Jr. v. State, COCA Case No.
F-2006-1015 (November 27, 2007)
(Evidence, Other Crimes; Prosecutorial Misconduct) Defendant charged with
one rape, but State presented evidence of additional offense. The combined
weight of testimony and argument regarding the uncharged conduct resulted in
modified sentence.
Mach, Manh Michael v. State, COCA Case No.
F-2006-538 (November 15, 2007)
(Evidence, Sufficiency; Double Jeopardy/Double Punishment) One conviction
reversed because State failed to present evidence of it at preliminary hearing.
Two of three Possession of CDS with intent convictions dismissed because they
violated prohibition against multiple punishments for the same offense.
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.
October 2007
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.
Ellis, Bobby M. v. State, COCA Case No.
F-2006-826
(October 12, 2007)
(Double Jeopardy/Double Punishment) Two counts of Preparing Child
Pornography for a single videotape violated prohibition against double jeopardy.
One count vacated with instructions to dismiss.
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.
Horn, Russell Wayne, Jr. v. State, COCA Case No.
F-2006-736
(October 15, 2007)
(Search and Seizure) Police had search warrant for apartment but not for car
and searched car anyway. LWOP sentence for trafficking reversed and remanded for
new trial; conviction for possession of cocaine reversed with instructions to
dismiss.
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.
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.
Whitworth, Johnny Lee v. State, COCA Case No.
F-2006-408 (October 17, 2007)
(Sentence, Excessive; Jury Instructions, Other) Jury should have been
instructed on applicability of 85% rule. Sentence modified.
September 2007
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.
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.
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.
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.
August 2007
Coronado, Serapio Penny v. State, COCA Case No.
F-2006-669 (August 29, 2007)
(Restitution) Evidence not offered at trial to determine value of damages.
Remanded with instructions for a proper determination of restitution.
Countryman, Steven Dale v. State, COCA Case No.
F-2006-341 (August 7, 2007)
(Ineffective Assistance of Counsel) Trial counsel ineffective for failing to
communicate plea offers to Defendant. Sentences modified.
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.
July 2007
Nicholson, Jeremy Dion v. State, COCA Case No.
M-2006-370
(July 18, 2007)
Double Jeopardy/ Double Punishment) Five of six counts of contempt of court
reversed and remanded with instructions to dismiss.
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.
Smith, Steven Lynn v. State, COCA Case No.
F-2005-716
(July 3, 2007)
(Evidence, Other Crimes) Lewd Molestation LWOP case, reversed and remanded
for new trial because evidence of other crimes was improper because it failed to
show nexus between prior crime and the case on trial, and the proof of prior
offense was not clear and convincing.
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.
June 2007
Bowie, Andrew Deon v. State, COCA Case No.
C-2006-1110
(June 19, 2007)
(Guilty Plea Decisions) Certiorari granted and remanded for appointment of
new counsel because trial court failed to appoint conflict-free counsel for
motion to withdraw plea hearing.
Bryant, Chaundra Denice v. State, COCA Case No.
RE-2006-246 (June 19, 2007)
(Revocation/Acceleration Decisions) Order reversing revocation of suspended
sentence because sentence lapsed prior to the filing of the Application to
Revoke.
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.
Covey, Hazel M. v. State, COCA Case No.
RE-2006-0808
(June 26, 2007)
(Revocation/Acceleration Decisions) Appellant erroneously forced to
represent herself at the revocation hearing without a valid waiver of counsel.
Duenas-Flores, Victor Alfonso v. State, COCA Case No.
C-2005-1
(June 28, 2007)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Guilty plea
vacated because of violation of Mexican national’s rights under the Vienna
Convention (to contact and seek help from Consulate).
Harris, Brian Daron v. State, COCA Case No.
C-2006-1079 (June 26, 2007)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Remanded for new
a new hearing on motion to withdraw plea. Petitioner’s attorney failed to appear
at previous hearing.
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.
Richardson, Robert Earl v. State, COCA Case No.
C-2006-649 (June 21, 2007)
(Guilty Plea Decisions) Without evidence that defendant was advised of the
85% rule, he must be allowed to withdraw his guilty plea.
May 2007
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.
Caves, Peggy L. v. State, COCA Case No.
F-2006-301 (May 10, 2007)
(Prosecutorial Misconduct) Judgment affirmed, however fine modified due to
improper testimony regarding a related civil suit, and because of prosecutor’s
appeal to juror sympathy.
Colley, Pamela Dee v. State, COCA Case No.
F-2005-1146 (May 18, 2007)
(Double Jeopardy/ Double Punishment) Possession of marijuana merged with the
count of trafficking methamphetamine.
Fourkiller, Chad D. v. State, COCA Case No.
C-2006-1192 (May 8, 2007)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Actual
conflict of interest created when counsel testified against his client that the
motion to withdraw hearing (where he also "represented" client).
Frias, Sylvia Coronado v. State, COCA Case No.
F-2005-718 (May 24, 2007)
(Sentencing) Trial court increased sentence assessed by jury. No one
objected to this alteration of the jury verdict. Remanded with instructions to
correct sentence to conform to verdict.
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.
Peace, Robert Lee v. State, COCA Case No.
F-2005-1145
(May 3, 2007)
(Ineffective Assistance of Counsel) Court finds "no reasonable trial
strategy in defense counsel’s failure to claim that Appellant’s prior felony
convictions, occurring against the same victims on the same day in the same
county of Arkansas, were transactional." Sentence modified from 35 years to 25
years.
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.
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.
White, Marvin Royston v. State, COCA Case No.
F-2005-110
(May 11, 2007)
(Jury Instructions, Other) Plain error found in failure to give involuntary
intoxication instruction, where defendant testified he did not know alcohol
content in over-the-counter medication. DUI Manslaughter conviction reversed and
remanded for new trial.
Wilkerson, Dustin Lee v. State, COCA Case No.
C-2006-863 (May 17, 2007)
(Fines, Fees and Costs) Trial court improperly imposed a $10,000 fine in
place of restitution. Fine vacated.
April 2007
Blythe, Doyle v. State, COCA Case No.
M-2006-555 (April 12, 2007)
(Jury Instructions, Theory of Defense) Defendant is entitled to have theory
of defense set forth in instruction to jury, where there is evidence to support
it and the theory is tenable as a matter of law. Even if it is discredited and
wholly self serving. Remanded for new trial.
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.
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.
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.
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.
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.
March 2007
Brown, Marlin Virgil Jr. v. State, COCA Case No.
F-2006-113 (March 28, 2007)
(Double Jeopardy/Double Punishment) Possession of two distinct types of
drugs in a single container is a single act. One count reversed with
instructions to dismiss.
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.
Fields, Charles Arnold v. State, COCA Case No.
F-2005-1094 (March 28, 2007)
(Pro Se) Error when trial court failed to advise of dangers of proceeding
pro se, when defendant fired counsel on day of trial. Reversed and remanded for
new trial.
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.
Griffith, Timothy v. State, COCA Case No.
F-2005-911 (March 21, 2007)
(Due Process; Jury Instructions, Theory of Defense) Appellant denied due
process of law by trial court’s erroneous exclusion of evidence and jury
instruction regarding theory of defense to the allegations. One count attempted
rape, reversed with instructions to dismiss.
Gessel, Shaun Lee v. State, COCA Case No.
RE-2006-262 (March 21, 2007)
(Revocation/Acceleration Decisions) Revocation ordered on the basis not
alleged, or inadequately alleged, in the application.
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."
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.
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.
February 2007
Brown, David Jeffrey v. State, COCA Case No.
PC-2006-0638 (February 28, 2007)
(Ineffective Assistance of Counsel) Post Conviction relief granted on basis
of IAC. Same attorney handled trial and appeal, new counsel handled post
conviction proceedings. Remanded for new trial.
Dahl, Earl Andrew Jr. v. State, COCA Case No.
F-2005-1282 (February 6, 2007)
(Sentence, Excessive) Remanded for resentencing under Anderson rule
requiring instruction on the 85 percent rule.
Sharp, Robert Carl v. State, COCA Case No.
C-2006-571 (February 21, 2007)
(Guilty Plea Decisions) Petitioner not present at hearing on motion to
withdraw plea. Record does not reflect a waiver, case remanded for new hearing.
Smith, Bonnie v. State, COCA Case No.
F-2005-786 (February 14, 2007)
(Due Process; Sixth Amendment) Posting of bond presents rebuttable
presumption of non-indigence, but record was insufficient to support trial
court’s ruling that clients were not entitled to appointed counsel. Reversed and
remanded for new trial.
Smith, Charles Milton Sr. v. State, COCA Case No.
F-2005-785 (February 14, 2007)
(Due Process; Sixth Amendment) Posting of bond presents rebuttable
presumption of non-indigence, but record was insufficient to support trial
court’s ruling that clients were not entitled to appointed counsel. Reversed and
remanded for new trial.
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.
January 2007
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.
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.
Thomas, Frank V. v. State, COCA Case No.
RE-2005-1195
(January 4, 2007)
(Revocation/Acceleration) Extenuating circumstances warranted modification
of three year revocation to one year.
December 2006
Cato, Percy Dewayne v. State, COCA Case No.
F-2005-859
(December 8, 2006)
(Fines, Fees and Costs) Jury recommended $10 fine, judge imposed a $25 fine.
Fine modified to $10 (error in opinion shows fine imposed as $10)
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.
Hill, Michelle Emma v. State, COCA Case No.
C-2006-286 (December 8, 2006)
(Guilty Plea Decisions) Certiorari granted because court deviated from plea
agreement
Letterman, Jimmy Douglas v. State, COCA Case No.
F-2005-987 (December 4, 2006)
(Double Jeopardy/ Double Punishment) Convictions for possession of marijuana
and methamphetamine violate the constitutional prohibition against multiple
punishments even though the illegal substances were found in separate caches.
Count for marijuana possession dismissed.
Mackey, Alishia Faith v. State, COCA Case No.
F-2005-58 (December 14, 2006)
(Double Jeopardy/ Double Punishment) Convictions for permitting child abuse
and failure to report child abuse arose from same act, violating the double
punishment prohibition. Failure to report count dismissed.
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.
Ruff, Janet Marie v. State, COCA Case No.
RE-2006-363
(December 8, 2006)
(Revocation/Acceleration Decisions) Sentence modified as excessive.
Short, Ryan Layne & Ortuno, Victor Suarez v. State, COCA Case
No. S-2005-890
(Dec19, 2006)
(Search & Seizure) State appeal from order sustaining motions to suppress
and quash, and dismissing cases against defendants (drugs). Court affirmed trial
court.
Willeford, James G. v. State, COCA Case No.
C-2006-693 (December 8, 2006)
(Guilty Plea Decisions) Court erred in failing to advise regarding the 85%
Rule under Anderson at the time of the plea. Sentence modified.
Wright, Larry Eugene v. State, COCA Case No.
F-2005-5577
(December 5, 2006)
(Prosecutorial Misconduct) One of four counts dismissed because prosecutor
argued prior convictions as propensity for guilt. Second prosecutor improperly
shifted burden of proof by arguing that to acquit, the jury had to believe
everything the defendant said.
November 2006
Gatewood, Clarence Andre v. State, COCA Case No.
F-2005-829 (November 17, 2006)
(Sentencing; Jury Instructions, Other) Court erred in failing to instruct on
the 85% Rule. Sentence modified.
Kasiah, Richard A. v. State, COCA Case No.
RE-2005-863 (November 3, 2006)
Revocation/Acceleration Decisions; Sentencing) Sentences to be served
concurrently on probation were revoked in error to be served consecutively.
Sentences modified to run concurrently.
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.
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.
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.
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.
October 2006
Carr, Kendall Dewayne v. State, COCA Case No.
F-2005-1150 (October 30, 2006)
(Jury Instructions, Other) Plain error for trial court to give a non-uniform
"dynamite" instruction that failed to admonish jurors not to abandon their
honestly held beliefs. Reversed and remanded for new trial.
Cheshire, Jesse Allen v. State, COCA Case No.
F-2004-1229 (October 11, 2006)
(6th Amendment; Evidence, General) Admission of the
non-testifying child victims hearsay statements through prosecution witnesses
violated the Confrontation Clause. Reversed and remanded for new trial.
Dodson, Wesley Wayne v. State, COCA Case No.
F-2005-97 (October 4, 2006)
(Due Process; 6th Amendment; Evidence, Vouching) Trial court
erred in failing to excuse a biased juror for cause; and in not making specific
findings regarding reliability of victim’s hearsay statements under 2803.1.
Witness impermissibly vouched for victims. Reversed and remanded for new trial.
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.
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.
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.
September 2006
Davis, Jason Lee v. State, COCA Case No.
M-2005-0404
(September 1, 2006)
(Pro Se) Convictions reversed and remanded for new trial for lack of a
record that waiver of counsel was made knowingly and voluntarily.
Dinkins, Raynard Emory v. State, COCA Case No.
S-2005-1250 (September 19, 2006)
(Search & Seizure) Court rejected the State’s argument that the trial judge
erred in granting the motion to suppress.
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
Mitchell, Leroy Jr. v. State, COCA Case No.
F-2005-874
(September 19, 2006)
(Sixth Amendment) Admission of testimonial hearsay violated right to
confrontation. Reversed and remanded for new trial.
Nelson, Deon Lamar v. State, COCA Case No.
F-2005-1096 (September 6, 2006)
(Evidence, General) Improper victim impact evidence regarding victim’s
injuries, prognosis, medical treatment, emotional state, and financial loss were
irrelevant and resulted in an inflated sentence. Sentence modified.
VanWinkle, Ryan Anthony v. State, COCA Case No.
F-2005-620 (September 22, 2006)
(Double Jeopardy/Double Punishment) Convictions for both assault and battery
with a dangerous weapon and forcible sodomy violated double punishment statute.
A&B count dismissed.
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.
August 2006
Fomby, Charles Clifton v. State, COCA Case No.
F-2005-855 (August 14, 2006)
(Evidence, Other Crimes; Sentencing; Prosecutorial Misconduct) Error in
modifying OUJI-CR 10-21 to include the amount of time defendant served on prior
convictions, together with prosecutorial misconduct, required modification of
sentences from 60 years on two counts, consecutive, to 30 years on each count,
concurrent.
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).
Hudson, Zachary Michael v. State, COCA Case No.
F-2005-440 (August 15, 2006)
(Sentencing) Trial court’s refusal of requested instruction regarding the
requirement that the defendant serve 85 percent of sentence resulted in
modification of 20 year sentence for manslaughter to 15 years, with the $10,000
fine unchanged.
James, Kenneth Ray v. State, COCA Case No.
F-2003-1421 (August 11, 2006)
(Prosecutorial Misconduct) Argument indicating jurors had a civic duty to
find for the State was improper. No objection lodged, but sentence modified.
Kishore, Sundeep, COCA Case No.
F-2005-659 (August 2, 2006)
(Restitution) Restitution order ($100,000) vacated and remanded for new
hearing; State failed to file statutorily-required form, and amount of
restitution was not determined to a reasonable degree of certainty.
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.
Nelson, David Lynn v. State, COCA Case No.
F-2004-1198
(August 15, 2006)
(Evidence, Sufficiency; Sentencing) Evidence insufficient to prove element
of penetration for one of the sodomy convictions. Trial court’s refusal of
requested instruction regarding the requirement that the defendant serve 85
percent of certain sentences resulted in modification of life sentences to 45
years.
Nimmo, Eric Matthew v. State, COCA Case No.
F-2005-522
(August 3, 2006)
(Sentencing) Error in admission of transactional prior felonies warranted
modification from 35 years to 25 years. State argued for jury to punish the
defendant as a "three-time convicted felon, when two priors were transactional."
Rawlins, Kenneth Lee v. State, COCA Case No.
F-2004-866 (August 17, 2006)
Rawlins, Ricky Dale v. State, COCA Case No.
F-2004-866 (August 17, 2006)
(Jury Instructions, Lesser Offenses) Over objection, the trial court
improperly instructed the jury that the offense of assault and battery with a
deadly weapon was a lesser included offense of shooting with intent to kill.
Convictions for assault and battery with a deadly weapon reversed for new trial.
Richards, Brad Daniel v. State, COCA Case No.
C-2005-1198 (August 14, 2006)
(Guilty Plea Decisions) Trial counsel’s conflict of interest adversely
affected presentation of client’s factual and legal grounds at hearing on motion
to withdraw plea. Reversed and remanded for new hearing on motion to withdraw.
Smith, Eric Evan v. State, COCA Case No.
C-2005-1208 (August 11, 2006)
(Guilty Plea Decisions) Conflict of interest between client and counsel at
hearing on motion to withdraw plea required reversal for new hearing on motion.
State v. Favors, DeAngelo, COCA Case No.
S-2005-1067 (August 18, 2006)
(Evidence, General; Sixth Amendment) Because the defense was denied
opportunity to fully confront victim’s testimony at preliminary hearing, trial
court properly precluded use of that prior recorded testimony at a later
proceeding.
State v. Moyers, Larrie & Theresa, COCA Case No.
S-2006-117 (August 29, 2006)
(Prosecutorial Misconduct) State appeal. Trial court dismissed new charges
filed after judicial modification of sentence reached through plea bargain in
the same case. Court found no abuse of discretion in trial court’s ruling that
the filing of new charges was retaliatory, and affirmed.
State v. Roley, Michael Ray, COCA Case No.
S-2005-702 (August 23, 2006)
(Evidence, General; Sixth Amendment) Read together, both the Oklahoma
Constitution and Oklahoma statutes guarantee the accused the right of
confrontation at preliminary hearing.
July 2006
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.
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.
Duncan, Tony Neal v. State, COCA Case No.
F-2005-320
(July 11, 2006)
(Sixth Amendment) Use of preliminary hearing transcript
at trial, without showing that witness was unavailable, violated confrontation
clause. Reversed for new trial.
Dunivan, Timothy Mark v. State, COCA Case No.
F-2005-232 (July 25, 2006)
(Statute
of Limitations) Two counts of physical child abuse reversed with instructions to
dismiss because statute of limitations had expired prior to filing of charges.
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
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.
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.
Miller, Maurice Ladon v. State, COCA Case No.
F-2005-603 (July 5, 2006)
(Evidence,
General; Sixth Amendment) Trial court erred by excluding co-defendant’s taped
statement. The evidence was exculpatory and did not violate the corroboration
clause, which protects the accused, not the State. Reversed and remanded for new
trial.
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.
Pettit, Rebecca R. v. State, COCA Case No.
F-2005-468
(July 18, 2006)
(Pro Se; Due Process) No evidence that
self-representation at trial was voluntary; appointed counsel removed after a
finding that defendant was no longer indigent. Reversed and remanded for new
trial.
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.
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.
Whitmore, Marion v. State, COCA Case No.
F-2004-1283 (July 7, 2006)
(Prosecutorial Misconduct; Sentence, Excessive) Prosecutor drew improper
inferences from defendant’s failure to serve full sentences on prior
convictions. Sentence modified.
June 2006
Allen, Desiray Jaibai v. State, COCA Case No.
F-2005-471 (June 9, 2006)
(Sentence,
Excessive; Evidence, Other Crimes) Trial court committed plain error when it
admitted evidence of other crimes included in exhibit with Judgment and
Sentence, resulting in excessive sentence. Sentences modified.
Barnett, Bruce Morris v. State, COCA Case No.
F-2005-357
(June 23, 2006)
(Fines, Fees and Costs) District court
erred by imposing a fine in excess of that permitted by law. Fine modified.
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.
Carter, George Luther, III v. State, COCA Case No.
F-2005-288 (June 30, 2006)
(Evidence, Other Crimes) Evidence of an unrelated allegation of sex crime should
not have been admitted. Reversed and remanded for new trial.
Hammons, Justin Lynn v. State, COCA Case No.
F-2004-1277 (June 29, 2006)
(Jury
Deliberations) Error occurred when trial court communicated with jury foreman
rather than entire jury concerning question of unanimity requirement for a
particular count. Count reversed under Title 22, Section 894.
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.
Ramos, Adan Jr. v. State, COCA Case No.
F-2005-363 (June 16, 2006)
(Due
Process) Waiver of Jury trial not contained in record. Reversed and remanded for
a new trial.
Richardson, Pat Lee v. State, COCA Case No.
F-2005-362
(June 16, 2006) (
Sentence, Excessive) Sentence imposed for
Manslaughter, 1st degree, shocks the conscious of the court. Sentence
modified.
Sinclair, Luke v. State, COCA Case No.
F-2004-146
(June 8, 2006)
(Prosecutorial Misconduct; Sentence,
Excessive; Jury Instructions, Other) Jury improperly influence by Prosecution’s
inflammatory argument. Jury should have been informed of 85% rule. Reversed and
remanded for resentencing.
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.
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.
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.
May 2006
Berntson, Chad Justin v. State, COCA Case No.
C-2005-211 (May 9, 2006)
(Information, Defective) Sentence modified because applicable statute carried
lower penalty than the statute charged.
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.
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.
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.
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.
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.
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.
Johnson, Anthony Jerome v. State,
COCA Case No.
F-2004-1226 (May 1, 2006)
(Double Jeopardy/ Double Punishment) Convictions for eluding an officer and
obstructing an officer arising from one act violate statutory prohibition
against double punishment. Obstruction count reversed with instructions to
dismiss.
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.
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.
Ranney, Warren Leon v. State,
COCA Case No.
S-2005-840 (May 18, 2006)
(Due Process) State Appeal remanded to vacate order granting motions to dismiss
and quash with instructions that when the district court rules again on the
motions, that it provide some statement of the basis for the decision.
Wells, Matthew Ryan v. State,
COCA Case No.
S-2005-866 (May 31, 2006)
(Search
and Seizure) Trial court did not abuse discretion in ordering evidence
suppressed and sustaining defendant’s motion to quash. (State Appeal)
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.
April 2006
Davidson, Peter Paul v. State, COCA Case No.
RE-2005-0473 (April 20, 2006)
(Due
Process) Jurisdiction forfeited if fail to obtain waiver or hold hearing within
20 days of arraignment. Reversed and remanded.
Locust, Johnny Freddy v. State, COCA Case No.
F-2004-997 (April 3, 2006)
(Jury Instructions, Other; Sentencing) Since the case was
pending on direct review when Anderson was decided, the jury
should have been informed of the 85% rule. Sentence modified sua sponte based on
the "principle of equal treatment among similarly situated Appellants whose
cases are pending on direct review."
Nielson, Elisa v. State, COCA Case No.
C-2005-398
(April 13, 2006)
(Guilty Plea Decisions) Petitioner should have
been allowed to withdraw plea before sentencing when trial court chose not to
follow plea agreement. Certiorari granted.
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.
Pebbles, Robert Scott v. State, COCA Case No.
C-2005-524 (April 5, 2006)
(Guilty Plea Decisions) Plea not knowing and voluntary when defendant is
misadvised as to possible sentence. Certiorari granted.
Watie, Denise Sue v. State, COCA Case No.
F-2005-129 (April 3, 2006)
(Jury
Instructions, Other; Sentencing) Upon timely and specific
request, jury should have been informed of the 85% rule. Sentence modified.
Willis, Mario D’Shane v. State, COCA Case No.
F-2004-67 (April 6, 2006)
(Ineffective Assistance of Counsel) Trial counsel failed to develop evidence
available at trial indicating that the sole eyewitness misidentified Appellant.
Judgment and Sentence reversed.
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.
March 2006
Dansby, Roscoe v. State, COCA Case No.
C-2005-628 (March 15, 2006)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Defendant
deprived of effective assistance of counsel at hearing on motion to withdraw
plea hearing due to counsel’s conflict of interest. Remanded for a new hearing
with instructions to appoint conflict-free counsel.
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.
Gibbs, Franklin Lee, Jr. v. State, COCA Case No.
F-2004-649 (March 9, 2006)
(Jury Selection; Due Process; Prosecutorial Misconduct) Denial of statutory
peremptories is structural error, not subject to harmless error review. Also,
first degree murder cases cannot be enhanced under the habitual offender act.
Reversed and remanded for new trial.
Johnson, Mark Wayne v. State, COCA Case No.
F-2004-914 (March 28, 2006)
(Ineffective Assistance of Counsel) Reversed for new trial based on trial
counsel’s failure to hire appropriate experts, violation of in limine ruling,
failure to make offers of proof and ensure proper record made of bench
conferences, failure to provide authority to trial court and failure to properly
cross-examine witness.
Jones, Ralph Emerson, Jr. v. State, COCA Case No.
F-2005-619 (March 7, 2006)
(Jury Selection; Due Process) Failure to afford defendant the
statutorily-set 5 peremptories is a structural error, not subject to harmless
error review. Reversed and remanded for new trial.
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.
Matson, Keith William v. State, COCA Case No.
F-2004-1124 (March 10, 2006)
(Bench Trial; Ineffective Assistance of Counsel) Trial court committed
reversible error when it deprived defendant of his right to a closing argument
and when it pronounced verdict in defendant’s absence. Trial counsel was
ineffective for failing to protect client’s rights. Reversed and remanded for
new trial.
Moore, Charles Edward, Jr. v. State, COCA Case No.
F-2004-1081 (March 28, 2006)
(Double Jeopardy/Double Punishment) Convictions for Possession of a Firearm,
After Former Conviction of a Felony and Robbery with a Firearm violate a
statutory prohibition against double punishment. Firearm charge dismissed.
Richardson, James S. v. State, COCA Case No.
F-2004-389 (March 27, 2006)
(Ineffective Assistance of Counsel) Trial counsel found ineffective for
failing to discover and use exculpatory evidence. Reversed and remanded for new
trial.
Stout, Billy D. v. State, COCA Case No.
C-2005-493 (March 27, 2006)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Counsel
ineffective in both plea and sentencing and motion to withdraw plea. No
reasonable grounds given in motion to withdraw plea, even though there was no
factual basis for the plea. Case remanded to allow defendant to withdraw plea.
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.
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.
February 2006
Armstrong, Michael Anton v. State, COCA Case No.
F-2004-1106
(February 28, 2006)
(Fines, Fees and Costs) Appellant improperly
sentenced under combination of habitual offender statute and drug statute. Fine
modified to maximum under habitual offender statute.
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.
Cannon, II, William Paul and Kuenstler, Glen C. v. State,
COCA Case No. S-2005-657 (February 8, 2006)
(Search and Seizure)
Trial court’s suppression of evidence from illegal search affirmed.
Hogan, Darrell W. v. State, COCA Case No.
F-2004-1266
(February 10, 2006)
(Due Process) Due process violated when a defendant is
denied a statutory right to nine peremptories. Reversed and remanded for new
trial.
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, 3rd
degree, reversed and remanded with instructions to dismiss.
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.
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.
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.
January
2006 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. Cheadle, Darrell Antonio v. State,
COCA Case No. F-2004-1271 (January 11, 2006)
(Sentence, Excessive) A total of 6,000 years determined excessive.
Daniel, Alfonzo v. State, COCA Case No.
F-2004-773 (January 22, 2006)
(Evidence, General) Trial court erred in admitting videotaped interview of
Appellant already found to be inadmissible by Federal Court. Reversed and
remanded for new trial. D.N.H. v. State,
COCA Case No.
J-2005-1078 (January 26, 2006)
(Youthful Offender) Motion to sentence defendant as an adult was not heard
before trial began, as required by statute. Remanded with instructions that
defendant be sentenced as a youthful offender.
Golden, Ryan v. State, COCA
Case No. F-2004-582 (January 10, 2006)
(Jury Selection) Failure to afford defendant in first degree murder case the
statutorily-set 9 peremptories is a structural error, not subject to harmless
error review. Reversed and remanded for new trial. Graves,
Arthur Gerald v. State, COCA Case No.
F-2004-688 (January 20, 2006)
(Ineffective Assistance of Counsel) Trafficking conviction reversed and remanded
for new trial. Counsel team worked at cross-purposes in law and argument.
Hargis, Jeff Leon v. State, COCA Case No.
RE-2004-1015 (January 19, 2006)
(Revocation/Acceleration Decisions; Ineffective Assistance of Counsel) Appellant
did not meet the statutory elements required and could not have committed Rape
in the First Degree. Remanded with instructions to vacate and dismiss.
Pelican, William Allen, Jr. v. State, COCA Case No.
C-2005-207 (January 19, 2006)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Trial judge created a
conflict of interest by not appointing conflict-free counsel to conduct motion
to withdraw plea hearing. 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. 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.
December
2005
Libera, Stephen Mark v. State, COCA Case No.
C-2004-1017 (December 16, 2005)
(Guilty Plea Decisions) Plea was not knowingly and intelligently entered when
Petitioner believed plea agreement was that the recommendation of the PSI would
be followed regarding probation. Trial court abused discretion in denying the
motion to withdraw plea when the court did not follow the recommendation of the
PSI. Certiorari granted. Lewis, Marion v. State,
COCA Case No. F-2004-577 (December 22, 2005)
(Pro Se, Continuance) Trial Court’s refusal to grant a continuance deprived
defendant, proceeding pro se, of the ability to call witnesses and to present a
defense. Reversed and remanded for new trial.
McCubbin, Jonathan Andrew v. State, COCA Case No.
C-2004-1108 (December 9, 2005)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Conflict between
counsel and client resulted in client not having effective representation at
evidentiary hearing. Remanded for new hearing on Motion to Withdraw Plea.
Milligan, Eddie Don v. State, COCA Case No.
F-2003-1241 (December 23, 2005)
(Search & Seizure; Evidence) Helicopter’s low fly-over of defendant’s property
violated reasonable expectation of privacy; evidence derived from subsequent
search of property should have been suppressed.
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. 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.
November
2005 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.
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. McGee, Christopher Dwayne v. State, COCA
Case No. F-2004-527 (November 23, 2005)
(Evidence, Sufficiency) Evidence insufficient to support conviction for
conspiracy to distribute CDS. Conspiracy count reversed and dismissed.
McCarthy, Allen Eugene v. State, COCA Case No.
C-2005-78 (November 28, 2005)
(Guilty Plea Decisions) Plea by defendant unable to make bond was not knowingly
and voluntarily entered, where delay in lab results, which later were found to
be favorable, was coercive factor in entry of plea. Petitioner permitted to
withdraw plea and proceed to trial.
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.
Martin, Sherice S. v. State, COCA
Case No. C-2004-850 (November 30, 2005)
(Guilty Plea Decisions) Factual basis for accepting guilty plea insufficient on
one count.
October
2005 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.
Gille, Ryan Lee v. State, COCA Case No.
M-2004-802 (October 21, 2005)
(Search and Seizure) Arresting officer did not have the requisite reasonable
suspicion of criminal activity to justify the investigatory stop of Appellant.
Reversed and remanded with instructions to dismiss.
Johnson, Darrell Robert v. State, COCA Case
No. F-2003-1084 (October 31, 2005)
(Jury instructions, Other; Jury Deliberations) Deliberations after one juror
backed out of verdict were coercive under circumstances of case. Trial judge
failed to give OUJI deadlocked jury instruction after poll revealed need for
further deliberations. Reversed and remanded for new trial.
McCartney, Benny Paul v. State, COCA Case
No. F-2004-1002 (October 26, 2005)
(Double Jeopardy/ Double Punishment) Convictions for Possession of
Methamphetamine w/ Intent to Distribute and Possession of CDS violate double
punishment provisions. Dissent clarifies that the Court finds double punishment
even where multiple charges are filed under different statutes in the drug code.
S.H. v. State, COCA Case No.
J-2005-542 (October 25, 2005)
(Youthful Offender) State failed to present clear and convincing evidence that
Appellant would not reasonably complete the plan of rehabilitation or the public
would not be protected if the accused were to be sentenced as a youthful
offender. Order for Defendant to stand trial as adult reversed.
September
2005 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.
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.
J.F.M. v. State, COCA Case No. J-2005-549
(September 2, 2005)
(Youthful Offender; Ineffective Assistance of Counsel) Counsel representing
14-year-old for first degree murder rendered ineffective assistance of counsel
for failing to have an expert prepared to assist in meeting the juvenile’s
burden of proof of amenability for treatment as Youthful Offender. Reversed for
new hearing. McBride, Charles Hackney v. State,
COCA Case No. C-2005-120 (September 19, 2005)
(Guilty Plea Decisions) An evidentiary hearing on the application to withdraw
plea is mandatory unless waived. Certiorari granted and remanded for hearing on
application to withdraw plea.
August
2005 Schram, Lori Jo v. State,
COCA Case No. F-2004-281 (August 2, 2005)
(Restitution) Record must reflect a basis for the trial judge’s determination of
a victim’s loss or the decision is arbitrary and violative of Section 991a.
Remanded for new hearing on restitution.
Robbins, David Wayne v. State, COCA Case No.
F-2004-907 (August 5, 2005)
(Prosecutorial Misconduct) Prosecutor’s sentencing stage closing arguments made
unmistakable references to the pardon and parole system to Appellant’s
prejudice. Sentence modified.
Evans, Kelly Dallas v. State, COCA Case No.
F-2004-110 (August 9, 2005)
(Fines, Fees and Costs) Statute defining crime of possession of burglary tools
does not provide for a fine. Fine modified to maximum for misdemeanor offense.
Shelton, George Jr. v. State, COCA Case No.
F-2004-871 (August 11, 2005)
(Sentence, Excessive) Sentence for knowingly concealing stolen property modified
from 35 years to 5 years.
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.
Hodges, Michael Alan v. State, COCA Case No.
F-2004-1216 (August 12, 2005)
(Fines, Fees and Costs; ) Jury improperly instructed on fine. Fine modified from
$10,000 to $5,000. Judgment modified to reflect proper statute for conviction.
Noble, Terriss Donahue v. State, COCA Case
No. F-2004-1065 (August 12, 2005)
(Evidence, Vouching; Prosecutorial Misconduct) Welfare worker improperly
testified that victim was truthful; trial court erred in denying requested
instruction on impeachment; prosecutor improperly referred to defendant as a
“monster.” Cumulative effect of errors required reversal. Reversed and remanded
for new trial.
Speed, Seno McKinley v. State, COCA Case No.
C-2004-598 (August 12, 2005)
(Guilty Plea Decisions) No factual basis to support convictions. Petitioner
allowed to withdraw pleas.
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.
Romero, Martin Roy v. State, COCA Case No.
F-2004-268 (August 29, 2005)
(Double Jeopardy/ Double Punishment) Convictions for trafficking and using a
minor to traffic methamphetamine violate the double punishment prohibition.
Conviction for trafficking reversed with instructions to dismiss.
July
2005 Phares, Donald Isaiah v. State,
COCA Case No. S-2004-1009 (July 7, 2005)
(Double Jeopardy/ Double Punishment) No-contest plea to traffic ticket issued at
scene of accident precluded later prosecution for negligent homicide.
Poe, Eric Alan v. State, COCA Case No.
C-2004-1018 (July 12, 2005)
(Evidence, General; Guilty Plea Decisions) Petitioner allowed to withdraw plea
based upon newly discovered evidence.
Ring, Dewayne Eugene v. State, COCA Case No.
RE-2004-445 (July 12, 2005)
(Revocation/Acceleration Decisions) Defendant not entitled to suspended
sentence, should be allowed to withdraw plea entered, if he chooses.
Dority, Deaundrae Lance v. State, COCA Case
No. F-2004-0328 (July 13, 2005)
(Revocation/Acceleration Decisions) Acceleration hearing held without defense
counsel. The record did not support valid waiver of the right to counsel.
Reversed and remanded.
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.
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.
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.
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.
June
2005
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.
Brown, Billy Jack Jr. v. State, COCA Case
No. C-2004-739 (June 8, 2005)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Conflict of interest
between client and counsel at motion to withdraw plea requires a new hearing on
the application to withdraw.
Hargrove, Steven Randel v. State, COCA Case
No. F-2004-666 (June 8, 2005)
(Ineffective Assistance of Counsel) Details of prior offenses improperly
admitted. Counsel’s failure to seek exclusion of this information constituted
deficient performance and the imposition of the maximum sentence might have been
influenced by this information. Sentence modified.
McNeil, Delbert Earl Jr. v. State, COCA Case
No. F-2004-197 (June 8, 2005)
(Prosecutorial Misconduct; Evidence, Other Crimes) Evidentiary harpoons and
“grossly improper” testimony given by the officer were not cured by admonition
of the trial court. The error appears to have determined the verdict. Reversed
and remanded for new trial.
Phillips, Jimmy Allen v. State, COCA Case
No. F-2004-576 (June 8, 2005)
(Prosecutorial Misconduct) Defendant denied a fair trial because of improper
remarks made by the prosecutor during closing argument. Some form of relief
warranted as incentive against such improper argument. Sentences modified to run
concurrently.
Payne Tommie Loyd v. State, COCA Case No.
F-2004-368 (June 10, 2005)
(Double Jeopardy/Double Punishment) Conviction for Lewd Molestation dismissed
because it was a lesser included offense of conviction for rape by
instrumentation.
Laughlin, David Wayne v. State, COCA Case
No. C-2004-903 (June 13, 2005)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Conflict of interest
between client and counsel at motion to withdraw plea requires a new hearing on
the application to withdraw.
Rankin, Jeremy Clarence v. State, COCA Case
No. C-2004-957 (June 13, 2005)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Conflict of interest
between client and counsel at motion to withdraw plea requires a new hearing on
the application to withdraw. Allegations in motion to withdraw placed counsel in
position of being a witness adverse to his client.
May
2005
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.
Glenn, Rodney Taylor v. State, COCA Case No.
C-2003-1334 (May 10, 2005)
(Guilty Plea Decisions; ) Certiorari granted for pleas to three counts of
Assault & Battery w/ Deadly Weapon. One count lacked a factual basis; client was
misadvised of punishment range on all three counts. Certiorari also granted for
plea to Possession of Firearm in Commission of Felony because client misadvised
of punishment range (charge not subject to enhancement under general enhancement
statute).
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.
April
2005
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.
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.
March
2005
Gale, Thomas Edward v. State,
COCA Case No. F-2003-1297 (March 1, 2005)
(Double Jeopardy/ Double Punishment) Act of possessing two different precursor
substances without a permit violates double punishment statutes.
C.J. v. State, COCA Case No.
J-2004-1117 (March 2, 2005)
(Youthful Offender; Information, Defective) Defendant improperly charged in
Amended Information as an Adult for three counts of Assault/ Shooting with
Intent to Kill. Bind over order reversed with instructions to modify to show
that defendant is to be tried as a Youthful Offender.
Horn, Micah Ananias v. State, COCA Case No.
F-2003-1089 (March 3, 2005)
(Evidence, General) Reversed and remanded for new trial due to improper
admission of evidence regarding polygraph examination.
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.
February
2005 Layman, Clonnie A. v. State,
COCA Case No. F-2004-198 (February 28, 2005)
(Jury Selection) Trial court erred in not requiring State to assert a
race-neutral reason for excluding a juror with a peremptory challenge. Reversed
and remanded for new trial.
January
2005 Flippence, Amy Marie v. State,
COCA Case No. F-2003-772 (January 7, 2005)
(6th Amendment; Information, Defective) Introduction of co-defendant’s
out-of-court statements violated 6th Amendment and required a new trial on one
count. Three other convictions were reversed with instructions to dismiss
because statute did not exist at the time the alleged act occurred.
Cox, Michial Allen v. State, COCA Case No.
C-2004-563 (January 13, 2005)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Petitioner was denied
effective assistance of counsel due to an attorney-created conflict of interest
at the hearing to withdraw plea. Certiorari granted and cause remanded for a
proper hearing on the Application to Withdraw Guilty Pleas.
Wilkerson, Mark A. v. State, COCA Case No.
C-2003-1311 (January 19, 2005)
(Guilty Plea Decisions; Information, Defective) Conviction for First Degree
Burglary modified to Second Degree Burglary because the facts failed show actual
physical presence, as required. Conviction for kidnapping reversed and dismissed
because no factual basis for secret confinement, an essential element.
McCarroll, Corey Dion v. State, COCA Case
No. C-2004-69 (January 19, 2005)
(Guilty Plea Decisions; Sentence - Abuse of Discretion) Two convictions modified
because proximity language did not exist at time of alleged offenses. Sentences
modified from 20 years to 15 years. Sentences modified because judge did not
consider concurrent sentences.
Jackson, Kenneth Kelmer v. State, COCA Case
No. F-2004-184 (January 21, 2005)
(Double Jeopardy/Double Punishment) Convictions for both Accessory after the
Fact and Knowingly Concealing Stolen Property based upon one act violate statute
against double punishment. Concealing conviction reversed with instructions to
dismiss.
Cox, Edward D. Jr. v. State, COCA Case No.
F-2004-269 (January 28, 2005)
(Double Jeopardy/Double Punishment) Convictions for both Shooting with Intent to
Kill and Robbery with Firearm based upon one act violate statute against double
punishment. Robbery conviction reversed with instructions to dismiss.
Devers, James Lorenzo v. State, COCA Case
No. F-2003-1278 (January 31, 2005)
(Fines, Fees and Costs) Fines modified because state mixed punishment provisions
from different statutes.
December
2004 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.
Shelton, Ronyell Lamar v. State, COCA Case
No. C-2003-1382 (December 3, 2004)
(Guilty Plea Decisions; Double Jeopardy/Double Punishment) Two convictions for
concealing stolen property violate prohibition against double jeopardy, one
count reversed with instructions to dismiss. Petitioner also allowed to withdraw
plea to second count of concealing stolen property because he was misadvised
regarding range of punishment.
Perkis, Robert Hershal v. State, COCA Case
No. C-2003-1247 (December 6, 2004)
(Guilty Plea Decisions) Kidnapping conviction (Life sentence) reversed and
dismissed for failure to establish “secret confinement.” First Degree Burglary
modified to Second Degree and sentence modified from 25 years to 7 years.
Fike, John Carl v. State, COCA Case No.
F-2003-816 (December 16, 2004)
(Double Jeopardy/Double Punishment) Convictions for Possession of both cocaine
and methamphetamine constituted double jeopardy. Methamphetamine conviction
reversed with instructions to dismiss.
Hudson, James Michael v. State, COCA Case
No. F-2003-1266 (December 21, 2004)
(Judge, Recusal; Ineffective Assistance of Counsel; Sentence, Abuse of
Discretion) Sentences modified to run concurrent because of judicial bias. Trial
counsel ineffective for failing to ask judge to recuse. Prejudice found in
consecutive sentences.
Gargus, Ronnie Odell v. State, COCA Case No.
F-2003-1261 (December 23, 2004)
(Restitution) Trial court’s restitution order was not supported by sufficient
evidence; remanded for hearing on restitution.
Murphy, Christopher Ray v. State, COCA Case
No. F-2003-1163 (December 28, 2004)
(Sentence, Excessive) Sentences modified to run concurrently rather than
consecutively.
November
2004 C.C. v. State, COCA Case
No. J-2004-741 (November 9, 2004)
(Juvenile adjudication) Adjudication affirmed, but the restitution order
modified and/or clarified to reflect the total amount to be paid by Appellant
and his co-defendant.
Lynn, Ernest, COCA Case No. F-2003-1136
(November 9, 2004)
(Jury Instructions - Theory of Defense) The Court held a convicted felon should
be allowed to disarm an armed attacker without risk of a conviction for
felonious possession. Adopted a justification defense in which a convicted
felon’s possession of a weapon under exigent circumstances is justified and the
conduct should not be declared criminal.
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.
October
2004 Hightower, Carrol Gene v. State,
COCA Case No. F-2003-278 (October 7, 2004)
(Double Jeopardy/ Double Punishment) Convictions for both possessing marijuana
with the intent to distribute and maintaining a dwelling house used for the
keeping of marijuana do not withstand double punishment analysis.
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.
Morgan, Paul Delmer v. State, COCA Case No.
F-2003-717 (October 21, 2004)
(Sentence, Excessive) Trial court improperly combined sentencing enhancement
provisions of Titles 21 & 63. Conviction affirmed but sentence modified from
Life + $100,000 fine to 20 years imprisonment + $10,000 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.
J.S. v. State, COCA Case No.
J-2004-662 (October 1, 2004)
(Juvenile Adjudication/Certification) Adjudication affirmed, but modified from
Burglary 2nd degree to illegal entry.
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.
September
2004 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.
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.
Hayes, Christopher Marcus v. State, COCA Case No.
C-2003-983 (September 9, 2004)
(Guilty Plea) Petitioner sought to withdraw plea after termination from drug
court. Factual basis provided on summary of facts did not constitute an
admission of guilt to the original or amended crime charged. Certiorari granted.
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.
Knight, Joseph Lee Rick v. State, COCA Case No.
F-2003-1078 (September 29, 2004)
(Fines, Fees and Costs) Costs assessed for counts not resulting in conviction
vacated.
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.
Meadows, James Dean v. State, COCA Case No.
F-2003-189 (September 30, 2004)
(Discovery) Trial court erred in denying Appellant’s motion to suppress
videotaped statements made as a result of an illegal arrest and taken in
violation of Miranda rights.
Meadows, Joe Dean v. State, COCA Case No.
F-2003-196 (September 30, 2004)
(Sixth Amendment; Discovery) Sixth Amendment violated when trial court allowed
admission of codefendant’s confession implicating Appellant. Trial court erred
in denying Appellant’s motion to suppress videotaped statements made as a result
of an illegal arrest and taken in violation of Miranda rights.
Morris, Floyd Andrew v. State, COCA Case No.
RE-2003-1203 (September 29, 2004)
(Revocations) Revocation affirmed but remanded for correction of Judgment and
Sentence to reflect credit for time previously served on revoked sentence.
Rivas, Remigio v. State, COCA Case No.
F-2003-648 (September 3, 2004)
(Evidence, Other Crimes) Sentence modified because irrelevant evidence related
to prior convictions was improperly admitted .
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.
Troutt, Mark Anthony v. State, COCA Case No.
F-2003-1036 (September 10, 2004)
(Jury Instructions, Theory of Defense) Trial court’s refusal to instruct jury on
theory of defense of entrapment denied Appellant a fair trial. Reversed and
remanded for new trial.
Wiggins, James Lee v. State, COCA Case No.
F-2003-1145 (September 10, 2004)
(Prosecutorial Misconduct) Sentence modified because of improper comments
regarding actual time served on prior convictions.
August
2004 Knoles, William Eric v. State,
COCA Case No. RE-2003-918 (August 23, 2004)
(Drug Court) State can seek sanctions for a probation violation or seek
termination from Drug Court as a result of a violation. It cannot use a prior
violation, for which sanctions have been imposed, as the basis of a Drug Court
termination application. Reversed order terminating from Drug Court.
Perez, Saul v. State, COCA Case No.
C-2003-890 (August 23, 2004)
(Guilty Plea) Ambiguous record regarding understanding of the crime to which a
plea of guilty was entered requires modification of the sentence.
Shank, Anita v. State, COCA Case No.
M-2002-1195 (August 17, 2004)
(Jury Instructions, Lesser Offenses) Error for trial court not to instruct on
the lesser included offense of Driving While Impaired. DUI modified to DWI and
remanded for consideration of sentence modification.
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.
July
2004 NO
Unpublished Opinions Issued for July 2004
June
2004 Bacon, Donnie Joe v. State,
COCA Case No. F-2001-1224 (June 29, 2004)
(Evidence - General; Evidence - Other Crimes) Sentences modified because of
police officer’s violation of pre-trial order restricting testimony; also
because other crimes evidence was inadmissible because it did not fall into
established exception, was not relevant and prejudice outweighed probative value
impact. D.H.D. v. State, COCA Case No.
J-2004-305 (June 23, 2004)
(Youthful Offender) Appellant met his burden to overcome presumption that he
should be treated as adult and to prove he should be certified as a Youthful
Offender in 1st Degree Murder case. 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. Jacks, Shawn William v.
State, COCA Case No. F-2003-315 (June 21,
2004)
(Ineffective Assistance of Counsel) Defense counsel’s theory of the case was
tantamount to confessing guilt. Reversed and remanded for new trial.
Long, Toby T. v. State, COCA Case No.
RE-2003-933 (June 24, 2004)
(Revocation/Acceleration Decisions) Revocation was based on an act that occurred
well after the expiration of the suspended sentence. Reversed with instructions
to dismiss.
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. 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.
Paddock, Joe Lynn v. State, COCA Case No.
F-2003-336 (June 21, 2004)
(Prosecutorial Misconduct) Prosecutor made repeated references concerning right
to remain silent and personal attacks that had no relevance except to influence
the jury. Sentences on Counts I and II modified from 50 to 25 years.
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. S.J.R.
v. State, COCA Case No. J-2004-149 (June 23,
2004)
(Juvenile Adjudication/Certification) Certification as adult on misdemeanor
charge vacated.
May
2004 Crawford, Bradley Allen v. State,
COCA Case No. M-2003-784 (May 12, 2004)
(Evidence, General) Conviction for stalking reversed and remanded for new trial
because trial court refused to allow defense to present evidence of bias and
motive to testify on part of complaining witness. El
Mansouri, El Alami v. State, COCA Case No.
F-2003-364 (May 11, 2004)
(Double Jeopardy/ Double Punishment) Convictions for both attempted robbery and
kidnapping of one victim; and kidnapping and pointing a weapon at another victim
violate prohibitions against double punishment/double jeopardy. Two counts
dismissed. 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. Foote, Curtis Randall
v. State, COCA Case No. C-2003-845 (May
26, 2004)
(Guilty Plea Decisions; Double Jeopardy/ Double Punishment) Misdemeanor
conviction for threatening an act of violence was part of evidence supporting
felony conviction for witness intimidation. Misdemeanor count dismissed.
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. King, Ronald Lee v. State,
COCA Case No. F-2003-583 (May 26, 2004)
(Fines, Fees and Costs) Trial court erred in mixing the punishment provisions of
habitual offender statute and the Uniform Controlled Dangerous Substance Act.
Fine 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. 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. Thomas, Justin Lyle
v. State, COCA Case No. C-2003-136 (May
18, 2004)
(Guilty Plea Decisions; Due Process) Petitioner misadvised regarding range of
punishment for two counts, which influenced decision to plead guilty to entire
case. Certiorari granted. Walker, Kenneth Linn v. State,
COCA Case No. F-2003-443 (May 27, 2004)
(Statute of Limitations) One count of sexual exploitation of a child dismissed
due to expiration of statute of limitations.
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.
April
2004 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.
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.
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. Allen, Desiray Jaibai v. State, COCA Case No.
RE-2003-640 (April 20, 2004)
(Revocation/Acceleration) Trial court was without jurisdiction to entertain
Appellant’s revocation hearing since Appellant’s waiver of the 20-day period was
not executed until that period had expired. Order revoking suspended sentences
reversed. 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. Montgomery, David Robert v. State, COCA Case No.
RE-2003-0857 (April 22, 2004)
(Revocation/Acceleration) Trial court’s order revoking improperly extended
incarceration beyond original sentence. Revocation modified.
Davison, Alonzo Gabriel v. State, COCA Case No.
F-2002-1437 (April 28, 2004)
(Evidence, General) Videotaped interview of child improperly admitted into
evidence. Sentences modified. Barrett, Randy DeWayne v. State, COCA Case No.
F-2002-1351 (April 15, 2004)
(Ineffective Assistance of Counsel) Trial counsel’s misinformation regarding
parole eligibility induced Barrett to waive lesser included offense
instructions, which he was clearly entitled to receive. Reversed and remanded
for new trial.
March 2004
Coulter, Ronnie Lamar v. State, COCA Case No.
C-2003-399 (March
11, 2004)
(Guilty Plea Decisions) Petitioner should be allowed to withdraw his plea since
the crime alleged does not exist. Charged with Assault with a Deadly Weapon,
omitting the necessary element of battery. McFarland, Todd Wayne v. State, COCA Case No.
C-2003-848 (March
25, 2004)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Petitioner denied
effective assistance of counsel when his attorneys induced him to plead no
contest based upon an incorrect legal opinion that he was eligible for a
deferred sentence. Certiorari granted. 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.
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.
State v. Terry, Stephen Lee, COCA Case No.
SR-2003-276 (March 30,
2004)
(Information - Defective) Court finds lewd molestation statute requires more
than surreptitious filming of clothed girls at a public location.
February 2004
Hathcock, Anthony John v. State, COCA Case No.
F-2002-1481
(February 3, 2004)
(Pro Se; Revocation/Acceleration) Defendant appeared pro se without a knowing
and voluntary waiver of right to counsel. Acceleration reversed for new hearing.
Servin, Esther v. State, COCA Case No. C-2003-858 (February 6,
2004)
(Guilty Plea Decisions) Petitioner should be allowed to withdraw her pleas in
the interests of justice. Petition for Writ of Certiorari granted.
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. Johnson, Dondre Columbus v. State, COCA Case No.
M-2003-495
(February 12, 2004)
(Fines, Fees & Costs) Assessment of court costs excessive due to method of
calculation. Remanded for Nunc Pro Tunc order correcting amount of costs.
Jones, Walter LaCurtis v. State, COCA Case No.
F-2003-193
(February 17, 2004)
(Sentence - Excessive) Sentence exceeded the range of punishment; sentence
modified. Rosson, Helen Rose v. State, COCA Case No.
F-2002-1511 (February
27, 2004)
(Evidence - Other Crimes) Appellant was prejudiced by the introduction of
inadmissible other crimes evidence. Sentence modified from 50 years to 10 years.
January 2004
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.
Flowers, Henry C. Jr. v. State, COCA Case No.
F-2002-1428 (January 8, 2004)
(*Sentence - Abuse of Discretion) Trial court’s mistaken impression that it was
without authority to run sentence concurrently with another sentence that had
been previously imposed constituted an abuse of discretion. Remanded for
resentencing.
Newton, David Jewel v. State, COCA Case No.
F-2002-1546 (January 9, 2004)
(Jury Selection; Ineffective Assistance of Counsel) Failure to excuse police
officer from sitting on jury was error by the trial court and IAC. Conviction
for Rape and 458 year sentence reversed and remanded for new trial.
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.
Poore, Desean Terrell v. State, COCA Case No.
F-2003-22 (January 14, 2004)
(Double Jeopardy/ Double Punishment) Multiple convictions for Accessory After
the Fact constitute Double punishment for a single course of action.
Mead, Sherri Lynn v. State, COCA Case No.
M-2003-513 (January 26, 2004)
(Fines, Fees and Costs) Fine imposed was in excess of statutory maximum.
December
2003 Lamb, Oscar Lee v.
State, COCA Case No. F-2002-1370
(December 2, 2003)
(Evidence - Expert Testimony) Admission of expert testimony regarding
truthfulness of victim was plain error. Two counts of rape by instrumentation
reversed for new trial. Perry, Johnny L. v. State, COCA Case No.
F-2003-44 (December 3, 2003)
(Evidence - Sufficiency;) Evidence supported other reasonable hypotheses
besides Defendant’s constructive possession of drugs. Evidence insufficient to
prove that Defendant Possessed a Firearm in the Commission of a Felony,
conviction modified. Battle, Jeremy Lavell v. State, COCA Case No.
F-2003-305 (December 4, 2003)
(Evidence - Sufficiency) Accomplice testimony not sufficiently
corroborated. Conviction for Robbery with a Firearm reversed with instructions
to dismiss.
November
2003 Fox, Nemol Joe v. State,
COCA Case No. C-2003-31 (November 7,
2003)
(Guilty Plea Decisions) Plea was not knowingly and intelligently entered because
Petitioner was misadvised on the minimum sentence range when not informed of DUI
sentencing option of impatient treatment.
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.
Baird, Dontrell Maurice v. State,
COCA Case No.
F-2002-1509 (November 18, 2003)
(Sentence Enhancement) Three counts remanded for resentencing because of
erroneous enhancement instructions.
Wafford, Michael Orlando v. State,
COCA Case No.
F-2002-1470 (November 25, 2003)
(Double Jeopardy/Double Punishment) Convictions for both possession of firearm
while committing a felony and concealing stolen property (the same firearm)
violated double punishment prohibition of Section 11. The concealing conviction
was reversed with instructions to dismiss.
October 2003
Taylor, Joey Dean v. State,
COCA Case No.
S-2003-445 (October 3, 2003)
(Search and Seizure) Appeal of magistrate’s order by the State affirmed.
Magistrate and reviewing judge found State had not met its burden of proving
that the defendant voluntarily gave consent to search vehicle after a traffic
stop. Barnett, Jeffrey Ellis v. State,
COCA Case No.
C-2002-1543 (October 9, 2003)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Remanded for new
hearing with different counsel on motion to withdraw plea because of conflict of
interest of attorney at the original plea withdrawal hearing.
Feaster, Clifford v. State,
COCA Case No.
C-2003-356 (October 14, 2003)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Remanded for proper
hearing on the Application to Withdraw Plea due to an attorney-created conflict
of interest.
September 2003
Johnson, Marlon L. v. State, COCA Case No. F-2002-1339
(September 2, 2003)
(Information, Defective) Failure to distinguish the allegations of rape
contained in Count 1 from the allegations of rape contained in Count 3 made it
impossible to verify whether the verdict in Count 3 was unanimous. Jury
acquitted one count and convicted on the other. Count 3 reversed and remanded
with instructions to dismiss.
K.D.E. v. State, COCA Case No. J-2003-504 (September 2,
2003)
(Juvenile Adjudication/Certification) Order bridging Appellant to adult
sentence was based on a violation report issued by OJA that was subsequently
overturned. Appellant ordered back to treatment as Youthful Offender.
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."
Scott, Edward Charles v. State, COCA Case No. C-2003-298
(September 4, 2003)
(Sentence - Excessive; Guilty Plea) Remanded for resentencing because of
inconsistent statements in the record concerning whether Petitioner was
sentenced as habitual offender.
Burton, Rodney Jerome v. State, COCA Case No. F-2002-1009
(September 12, 2003)
(Double Jeopardy/Double Punishment) Convictions for trafficking and for
possession of CDS within 1000 feet of a park, based upon same act, violated
Section 11. Possession conviction reversed with instructions to dismiss.
Garcia, Sunday D. v. State, COCA Case No. RE-2002-580
(September 12, 2003)
(Revocation/Acceleration) Trial court erred in initiating proceedings when
competency issues had not been dealt with properly. Reversed and remanded for
further proceedings.
Dykes, Russell Dewayne. v. State, COCA Case No. F-2002-1035
(September 12, 2003)
(Sentence - Excessive) Sentences exceeded the maximum term allowed by
statute.
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.
August 2003
Cosar, Mickey Lee v. State, COCA Case No. F-1999-1652 (July
7, 2000)
No written notice of drug court termination hearing as required by Hagar.
Fire, Brian Wheatley v. State, COCA Case No. F-2002-548
(August 6, 2003)
(Prosecutorial Misconduct; Evidence - Vouching) Social worker improperly
vouched for credibility of victim. Prosecutor repeatedly impeached Appellant
with his post-arrest silence. Reversed and remanded for new trial.
Modesto, Carlos Gomez v. State, COCA Case No. F-2002-1041
(August 7, 2003)
(Double Punishment) Convictions for trafficking in methamphetamine and
cocaine violated prohibition against double punishment.
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.
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.
Gay, Michael Wayne v. State, COCA Case No. RE-2002-1245
(August 15, 2003)
(Sentence - Excessive) Sentence greater than the statutory maximum.
Doza, Russell Andrew v. State, COCA Case No. F-2002-809
(August 15, 2003)
(Search and Seizure) Police officer may not conduct a consensual search
outside his jurisdiction under color of law. Reversed and remanded with
instructions to dismiss.
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.
Marshall, Andre Lasuan v. State, COCA Case No. F-2002-537
(August 21, 2003)
(Jury Instructions - Lesser Offense; Evidence - Sufficiency) Convictions for
A&B with Dangerous Weapon and Entering a Building with Unlawful Intent
reversed and remanded with instructions to dismiss. The A&B was a lesser
included offense of a charged crime, but instruction was improperly given over
defense objection and without a request by the State. Evidence was insufficient
to show intent to destroy personal property.
Coronado, Veronica v. State, COCA Case No. F-2002-718
(August 22 2003)
(Search and Seizure) Weapons search without facts to support reasonable
suspicion, violated Fourth Amendment. Reversed with instructions to dismiss.
Williams, Earnest v. State, COCA Case No. RE-2002-1124
(August 22, 2003)
(Revocations) Trial court had no jurisdiction to revoke where sentence had
expired.
Mitchon, Tracy Allen v. State, COCA Case No. RE-2002-1077
(August 25, 2003)
(Revocations) Modified to provide credit for time previously served.
Merrill, Charles Ardell Jr. v. State, COCA Case No. F-2002-1377
(August 26, 2003)
(Jury Deliberations) Reversed and remanded for new trial because trial judge
allowed jury to separate, over defense objection, after deliberations had begun.
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.
July 2003
McGee, Christopher Dwayne v. State, COCA Case No. C-2002-946
(July 1, 2003)
(Guilty Plea Decisions) Plea agreement was for second page enhancement to be
dropped, but trial court enhanced sentence anyway. Certiorari granted.
Skinner, Ronald Charles v. State, COCA Case No. C-2002-1460
(July 2, 2003)
(Guilty Plea Decisions) Defendant was misadvised on range of punishment.
Certiorari granted.
Gifford, Claude Thomas v. State, COCA Case No. F-2002-87
(July 9, 2003)
(Double Jeopardy/Double Punishment) Simultaneous convictions for 1st
Degree Robbery by force and fear and A&B with a Dangerous weapon violate
prohibition on double punishment. Robbery conviction and sentence reversed with
instructions to dismiss.
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.
Williams, Milton Veran v. State, COCA Case No. F-2002-808
(July 11, 2003)
(Search and Seizure; Fines, Fees and Costs) Two of three counts, Possession
of CDS with Intent to Distribute and Maintaining a Dwelling for the Purpose of
Keeping/Selling CDS, reversed with instructions to dismiss due to illegal search
and seizure (no exigent circumstances to enter defendant's house). Fine modified
from $100,000 to $10,000.
Leggett, Lourinda (Givens) v. State, COCA Case No. F-2000-321
(July 15, 2003)
(Ineffective Assistance of Counsel) Trial counsel ruled ineffective for
failing to use expert to substantiate battered woman theory at trial. Reversed
and Remanded for new trial.
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.
VanWoudenberg, Edward John v. State, COCA Case No. F-2002-899
(July 22, 2003)
(Fines, Fees and Costs) Nunc Pro Tunc order to correct overcharge in costs
and fees at defendant's request. Judgment and Sentence affirmed.
Copeland, Steven Caleb v. State, COCA Case No. C-2002-1136
(July 22, 2003)
(Guilty Plea Decisions; Restitution) Record does not contain sufficient
information as to how restitution amount was determined. Remanded for a
Restitution hearing.
Vickery, Michael Lee v. State, COCA Case No. M-2002-1146
(July 22, 2003)
(Bench Trial ) Accelerated Docket Order modifies sentence from 1 year to 3
months with credit for time served.
Simrak, Joseph Alexander v. State, COCA Case No. F-2002-772
(July 29, 2003)
(Search and Seizure) Information used to justify the warrantless arrest was
obtained from sources who were not shown to be either reliable or credible.
Initial arrest was illegal and the fruits of the search incident to the unlawful
arrest should have been suppressed. Reversed and remanded with instructions to
dismiss.
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.
June 2003
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.
Woodfork, James Jermaine v. State, COCA Case No. F-2002-532
(June 3, 2003)
(Double Jeopardy/Double Punishment) Three (of 8) counts, A&B with a
Dangerous Weapon and Domestic Abuse, reversed and remanded with instructions to
dismiss on Double Jeopardy/Double Punishment grounds.
Helms, Jack Leroy v. State, COCA Case No. F-2002-552 (June
10, 2003)
(Statutory Construction) Offense of simple possession of child pornography
should have been prosecuted under the specific law, rather than the general
statute that covers the more serious offense of manufacturing and distributing
child pornography. Sentence modified from 15 years to 2 years.
Orcutt, Daniel Kelly v. State, COCA Case No. F-2001-1529
(June 19, 2003)
(Jury Deliberations; Prosecutorial Misconduct) Reversible error occurred in
allowing jury to separate during deliberations over objection. Also,
prosecutor's statements on defendant's failure to testify were error. Reversed
and remanded for new trial.
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.
May
2003
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.
Pinon, Gilberto v. State, COCA Case No. C-2002-1379 (May
23, 2003)
(Guilty Plea) Failure to have client present at Hearing on Application to
Withdraw Plea is not harmless error. Remanded for new hearing.
April
2003
Dueitt, Kenneth Lee v. State, COCA Case No. F-2002-157
(April 1, 2003)
(Double Jeopardy; Variance) Convictions for manufacturing methamphetamine
and possession of precursor violated Double Jeopardy/Double Punishment. Also,
variance between charge made in Information, and the evidence or theory
presented at trial deprived Appellant of adequate notice of what he had to
defend against. Conviction for possession of precursor, Count 2,
reversed and dismissed. (Ruling clarified on rehearing.)
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.
Baker, Lonnie George Jr. v. State, COCA Case No. RE-2002-523
(April 24, 2003)
(Revocation; Sentence - Excessive) Appellant had less time remaining on his
suspended sentence and should be credited for additional days against his
revoked suspended sentence. Sentence modified.
Wichita, David Dean v. State, COCA Case No. F-2002-323
(April 28, 2003)
(Bench Trial, Waiver) Record failed to show a competent, knowing and
intelligent waiver of the right to a jury trial. Reversed and remanded for new
trial.
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.
Bruner, Ricky Dion v State, COCA Case No. F-2002-108
(April 30, 2003)
(Double Jeopardy) Multiple convictions arising from a single criminal
episode violate prohibitions against double jeopardy. Rape and robbery
convictions affirmed, but kidnapping convictions reversed with instructions to
dismiss.
March
2003
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.
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.
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.
Brock, Michael Keith v. State, COCA Case No. F-2001-1497
(March 12, 2003)
(Double Jeopardy) Convictions for manufacturing methamphetamine and
possession of precursor violate Section 11, double punishment provision.
Precursor conviction reversed with instructions to dismiss.
Jackson, Gregory Lee Jr. v. State, COCA Case No. F-2002-1444
(March 12, 2003)
(Jury Instructions - Lesser Included Offenses) Plain error found in failure
to instruct jury on lesser-included offense of driving while impaired in DUI
case. Reversed for new trial.
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.
Maxwell, Montain Lamont v. State, COCA Case No. F-2001-1514
(March 20, 2003)
(Ineffective Assistance of Counsel) Prosecutor cross-examined Appellant
about post-arrest silence. "It is fundamentally unfair and a deprivation of
due process to allow the arrested person's silence to be used to impeach an
explanation subsequently offered at trial." Trial counsel's failure to
object to prosecutor's misconduct amounted to IAC. Reversed and remanded for new
trial.
Hester, John Anthony v. State, COCA Case No. RE-2002-667
(March 27, 2003)
(Revocations) State failed to diligently prosecute when 5 years lapsed
between filing application and prosecution. Reversed and remanded with
instructions to vacate the order of revocation.
Bumgarner, Kevin Eddy v. State, COCA Case No. F-2002-484
(March 31, 2003)
(Sentence - Excessive) Court finds 275 years for 1st Degree Arson
AFCF to be excessive "where there was neither loss of life nor
injury." Sentence modified to 45 years.
February
2003
Williams, Michael Joe v. State, COCA Case No. F-2000-1247
(February 18, 2003)
(Ineffective Assistance of Counsel) Counsel's performance deficient for
refusing to assist client in plea bargain (that would have resulted in a 10 year
sentence), and telling client he either had to get other counsel (to take plea
agreement), or go to trial. Prejudice shown by lost opportunity to pursue that
plea bargain and resulting LWOP sentence at trial. Sentence modified to Life
with Possibility of Parole.
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.
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.
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.
Snoe, Russell v. State, COCA Case No. C-2002-633
(February 26, 2003)
(Guilty Plea) Plea not knowingly and voluntarily made because of incorrect
information about the range of punishment he faced. Certiorari granted.
Thompson, Kenneth Glenn v. State, COCA Case No. F-2002-202
(February 28, 2003)
(Double Punishment) Convictions for Robbery w/ a Weapon and A&B w/ a
Weapon violate Section 11 prohibition on double punishment, as both crimes arose
out of one act. The A&B count reversed with instructions to dismiss.
Thompson, Kristy Ladell v. State, COCA Case No. F-2002-203
(February 28, 2003)
(Double Punishment) Convictions for Robbery w/ a Weapon and A&B w/ a
Weapon violate Section 11 prohibition on double punishment, as both crimes arose
out of one act. The A&B count reversed with instructions to dismiss.
January
2003
Choate, Robert Wesley v. State, COCA Case No. F-2001-1488
(January 8, 2003)
(Double Punishment) Convictions for manufacturing CDS and possession of
precursor violates prohibition against double punishment. Possession of
Precursor reversed and dismissed.
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.
Oglesby, Dearel v. State, COCA Case No. F-2002-470 (January
16, 2003)
(Evidence - Other Crimes) Improper "other crimes" evidence
required sentence modification from Life imprisonment to 20 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.
December 2002
Turner, Michael Gerald v. State, COCA Case No. 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.
Underwood, Wendy Leann v. State, COCA Case No. F-2001-1048
(December 23, 2002)
(Sentence - Enhancement) Seven prior convictions used to enhance the penalty
arose from the same transaction. Sentence modified from 40 to 30 years.
November 2002
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.
Dickson, John Wesley v. State, COCA Case No. F-2001-1445
(November 5, 2002)
(Prosecutorial Misconduct) Possession of CDS AFC affirmed but sentence
modified from 40 years to 20 years. Prosecutor's improper argument stating his
opinion of the appropriate sentence improperly influenced the jury's sentencing
decision.
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.
Cordon, Richard James v. State, COCA Case No. F-2001-668
(November 7, 2002)
(Jury Instructions) Second Degree Murder conviction reversed and remanded
for new trial because the trial court failed to give requested instruction on
exculpatory statements of the defendant.
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.
Fajardo, Jose v. State, COCA Case No. F-2001-1506 (November
18, 2002)
(Prosecutorial Misconduct - "Special Advocate" ) Trial Court
committed reversible error and violated Appellant's right to due process when it
allowed a "special advocate" for the victim to participate in the
trial. There is no statutory authority for the appointment of special advocate
in a lewd molestation/indecent proposal case. Fundamental error when advocate
cross examined witnesses and took an active and adversarial role. Reversed and
remanded for new trial.
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.
Satterfield, Christian v. State, COCA Case No. F-2002-106
(November 19, 2002)
(Double Jeopardy) Appellant's conviction for both Attempted Manufacture of
CDS and Possession of a Precursor violated the statutory prohibition against
multiple punishment. Conviction for possession reversed with instructions to
dismiss.
Glasgow, Holly Ann v. State, COCA Case No.
F-2001-1348
(November 20, 2002)
(Jury Instructions - Lesser Offenses) Conviction for Robbery by Force or
Fear reversed. Trial court failed to instruct on offense of receiving stolen
property. Judgment modified from Robbery to Receiving Stolen Property. Sentence
modified from 5 years to 1 year (minimum sentence for lesser offense).
McCollum, William v. State, COCA Case No. F-2001-528
(November 21, 2002)
(Ineffective Assistance of Counsel) Trial counsel failed to cross examine
bias of two state's witnesses, even though the bias was apparent from transcript
of earlier trial (which ended in a mistrial). Reversed and remanded for new
trial.
October 2002
Phelps, Glen Eugene v. State,
COCA Case No.
RE-2001-947
(October 10, 2002)
(Revocation) Appellant was not eligible for a suspended sentence, requiring
original J&S be vacated, and remanded under Bumpas to allow the defendant to
withdraw his plea. If plea is not withdrawn, the court can impose sentence
within statutory range (afcf x 2).
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.
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.
Jennings, Terry Wayne v. State, COCA Case No. F-2001-1028
(October 23, 2002)
(Search and Seizure) Conviction for trafficking drugs reversed with
instructions to dismiss. Trial court erred in finding that search warrant, based
on specific factual information by a confidential informant without additional
evidence of reliability, was valid.
Johnson, Paul Nathan v. State, COCA Case No. F-2001-1517 (October
24, 2002)
(Fines, Fees and Costs) Conviction and sentence for Possession of
Methamphetamine Within 1000 Feet of a school affirmed but $10,000 fine was
vacated because it was not authorized by law.
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.
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.
September
2002
White, Byron Lynn v. State,
COCA Case No. C-2001-1425
(May 30, 2002)
received 9-02 from COCA
(Ineffective Assistance of Counsel. ) Petitioner was denied constitutional
right to due process because the hearing on Motion to Withdraw Plea was
conducted in his absence and counsel made no argument in support of the
application. Remanded for proper hearing on application to withdraw guilty plea.
Hubbell, James Benjamin v. State, COCA Case No. F-2001-1230
(September 4, 2002)
(Evidence - Other Crimes; Sentence - Excessive.) Prison records introduced
during 2nd Stage contained irrelevant and prejudicial information.
Sentence modified.
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.
Ray, Gene Paul v. State, COCA Case No. F-2001-338
(September 6, 2002)
(Evidence - Expert Testimony; Evidence - Vouching; Evidence - Other Crimes.
) Trial Court committed reversible error when it allowed a Special Advocate to
prosecute Appellant; admitted evidence regarding "Child Accommodation
Syndrome" was misused; the State bolstered alleged child victims' testimony
by first presenting hearsay testimony of their parents; and when it allowed the
State to improperly impeach the Appellant. Reversed and remanded for new trial.
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.
Henderson, Sahib Quietman v. State, COCA Case No. F-2001-1338
(September 17, 2002)
(Double Jeopardy/Double Punishment.) Convictions for both Conspiracy to
Distribute CDS and Distribution of CDS based on the same facts violated Section
11.
Creller, Chester Sr. v. State, COCA Case No. F-2001-962
(September 20, 2002)
(Double Jeopardy/Double Punishment.) Convictions for both 1st Degree Rape
and Incest arising from a single act violated Section 11.
Gibbs, Byron Keft v. State, COCA Case No. F-2001-1061
(September 27, 2002)
(Prosecutorial Misconduct.) Plain error occurred when prosecutor over
zealously cross-examined Appellant regarding his veracity. Prosecutor also made
improper comments concerning the right to remain silent and confusing
misstatements regarding the burden of proof on Appellant's "defenses".
Sentence modified.
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 2nd 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.
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.
August 2002
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.
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.
Schoonover, Gilda Marie v. State, COCA Case No. F-2001-916
(August 15, 2002)
(Jury Instructions- theory of defense; Evidence - Insufficient.) Trial court
committed fundamental error by instructing jury on the alternative theory of
knowingly permitting abuse of a minor child. Evidence presented at trial
sufficient to prove death was not accidental but does not support theory that
Appellant knowingly permitted her husband to inflict unreasonable force.
Reversed for New Trial.
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.
Scott, Brian Tyrone v. State, COCA Case No. F-2001-998
(August 15, 2002)
(Double punishment.) Convictions for both kidnapping and forcible oral
sodomy violate prohibition against multiple punishment for a single act.
Conviction for kidnapping dismissed.)
Webb, Karyn Jo v. State, COCA Case No. F-2001-985 (August
29, 2002)
(Ineffective Assistance of Counsel.) IAC for failure to get medical expert
and utilize available character evidence. Reversed and remanded for new trial.
July 2002
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.)
Kirk, Eugene v. State, COCA Case No. F-2001-278
(July 9, 2002)
(Double Punishment; Jury Instructions. Convictions for Domestic Abuse and
Assault and Battery with a Dangerous Weapon arising from one act violate
statutory protections against multiple punishment. Trial court erred in refusing
to give requested instructions on impeachment by prior bad acts when witness
admitted to perjury in a prior trial. Error ruled harmless beyond a reasonable
doubt due to substantial evidence. Count II: Domestic Abuse After Former
Conviction of Domestic Abuse reversed and remanded with instructions to
dismiss.)
Hennesy, Jerome Wade v. State, COCA Case No. F-2001-873
(July 12, 2002)
(Evidence- Other Crimes. Improper admission of other crimes evidence was
prejudicial and rose to the level of plain error. Reversed for New Trial.)
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.)
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.)
June 2002
Heath, Samuel Lloyd Jr. v. State, COCA Case No. RE-2001-749
(June 3, 2002)
(Revocation. Six year gap between filing of application to revoke and
revocation hearing too long; revocation remanded with instructions to dismiss
for failure to prosecute.)
Coulter, Phillip Scott v. State, COCA Case No. F-2001-378
(June 4, 2002)
(Evidence - Improper Limitation. Trial court's refusal to allow defense
counsel to impeach the prosecutrix by asking about her other sexual activity was
related to the defense strategy, bore directly on her credibility, and was
relevant to show motive or propensity to lie. Reversed and remanded for new
trial.
Tillman, Tashiro Rudy v. State, COCA Case No. F-2001-465
(June 4, 2002)
(Youthful Offender. Record does not reflect Appellant effected a knowing
waiver of his statutory right to be sentenced under the Youthful Offender Act.
Conviction for possession of CDS AFC vacated for resentencing.)
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.)
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.)
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.)
Woods, Jessica Melissa v. State, COCA Case No. C-2001-1216
(June 7, 2002)
(Fines, Fees and Costs. Petition for Writ of Certiorari denied. Petitioner
should not be assessed the transcript preparation fee inasmuch as the trial
court found Petitioner indigent and ordered the transcripts prepared at public
expense.)
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.)
Smith, Mark Eugene v. State, COCA Case No. F-2001-231 (June
12, 2002)
(Double Jeopardy. Conviction for attempted manufacturing and possession of
precursors violate protection against double punishment. Judgment and sentence
reversed and dismissed.)
A.B.H. v. State, COCA Case No. J-2002-247 (June 5, 2002)
(State did not meet its burden of showing the public would not be adequately
protected if Appellant were sentenced as a Youthful Offender. Trial court's
order treating Appellant as adult reversed and remanded.)
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.)
Leonard, Jeffery Earl v. State, COCA Case No. RE-2001-911
(June 13, 2002)
(Appellant cannot be terminated from a program it is not even certain he had
begun. State's application to terminate Appellant's Drug Court participation
reversed with instructions to dismiss.)
Flowers, Edward Jiles v. State, COCA Case No. F-2001-412
(June 24, 2002)
(Admission of other crimes evidence prejudiced the jury and deprived
Appellant of a fair trial. Reversed and remanded for a new trial.)
Randell, Guy Franklin v. State, COCA Case No. F-2001-934
(June 24, 2002)
(Judgment affirmed but the Sheriff's fees are vacated and remanded for an
evidentiary hearing, where fees can be calculated in accordance with the
applicable statute.)
Medlin, Saundra Kaye v. State, COCA Case No. F-2001-558
(June 27, 2002)
(Jury Instructions - Lesser Offenses. Giving First Degree Manslaughter
instruction over the objection of Appellant constituted error requiring
reversal. Battered woman tried for murder sought verdict for murder or
acquittal. Conviction for Heat of Passion Manslaughter reversed and remanded
with instructions to dismiss.)
May 2002
Childers, Gary Dean v. Warden Glynn Booher, COCA Case No. HC-2001-0440
(May 9, 2002)
(Order Granting Extraordinary Relief. Sexual Offender Program as now applied
by the Dept. of Corrections is unconstitutional in that it violates the right
against self-incrimination. Remanded to District Court for further proceedings.)
Harris, John Henry v. State, COCA Case No. F-2001-609
(May 14, 2002)
(Search & Seizure. Entry into residence where Appellant was arrested was
in violation of Fourth & Fourteenth amendments. Sufficient exigent
circumstances did not exist to sustain warrantless entry. Reversed with
Instructions to Dismiss.)
Stargell, Joe Nathan v. State, COCA Case No. F-2001-759
(May 16, 2002)
(Fines, Fees & Costs. Procedure used to impose incarceration fees
violated ths statutory provision for imposing such fees. Sheriff's Fees vacated
and remanded for evidentiary hearing, where fees can be calculated in accordance
with the applicable statute.)
Hawkins, Gavin Lee v. State, COCA Case No. F-2001-264
(May 17, 2002)
(Prosecutorial Misconduct. Twenty year sentence for lewd molestation
modified to ten years by reason of an improper prosecutorial closing argument.)
Dowdy, Emily v. State, COCA Case No. F-2001-171
(May 31, 2002)
(Jury Instructions, Theory of Defense. Court's pretrial decision to prohibit
involuntary intoxication defense and jury instructions was error, prejudicial,
and denied Appellant of a fundamentally fair trial. Reversed and remanded for
new trial.)
April 2002
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 methamphetamine,
possession of methamphetamine and possession of a precursor substance violated
state and federal prohibitions against double jeopardy and double punishment.
Convictions for possession of precursor and possession of methamphetamine
reversed and remanded with instructions to dismiss. Sentence for possession of
firearm while in commission of a felony modified because jury was erroneously
instructed on the range of punishment.)
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 methamphetamine,
possession of methamphetamine and possession of a precursor substance violated
state and federal prohibitions against double jeopardy and double punishment.
Convictions for possession of precursor and possession of methamphetamine
reversed and remanded with instructions to dismiss. Sentence for possession of
firearm while in commission of a felony modified because jury was erroneously
instructed on the range of punishment.)
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.)
Mullins, Jimmy Lee v. State, COCA Case No. F-2001-281
(April 22, 2002)
(Double Jeopardy/Double Punishment; Convictions for both leaving the scene
of a fatality accident and leaving the scene of an injury accident when there
was only one accident violated double punishment prohibitions. Count for leaving
the scene of an injury accident remanded with instructions to dismiss.)
Brown, Donna v. State, COCA Case No. F-2001-687
& RE-2001-887 (April 30, 2002)
(Revocation; Fines, Fees and Costs; Restitution ordered for offenses for
which Appellant was never charged or convicted. Summary Order reversing for
Evidentiary Hearing on restitution, incarceration fees and costs.
March 2002
Benton, James Loren v. State, COCA Case No. RE-2001-0383
(March 12, 2002)
(Revocation, Insufficient Evidence; State did not prove that Appellant
willfully violated the conditions of his probation. Revocation of Appellant's 10
year suspended sentences reversed with instructions to dismiss.)
Monarch, Eddie Craig v. State, COCA Case No. RE-2001-0540
(March 13, 2002)
(Revocation, Excessive Sentence; Trial Court is without jurisdiction to
impose additional punishment in the form of 40 more hours of community service
because it was not a penalty previously imposed in the judgment and sentence.
Community service order vacated.)
Robertson, Steven Wayne v. State, COCA Case No. F-2001-313
(March 13, 2002)
(Prosecutorial Misconduct, Excessive Sentence; Persistent improper comments
by the prosecutor in argument require modification of Appellant's sentence.
Sentences modified to run concurrently rather than consecutively.)
Sprowls, Shaun Scott v. State, COCA Case No. F-2000-1652
(March 14, 2002)
(Double Jeopardy; Convictions for both manufacturing methamphetamine and
manufacturing a precursor substance violated double jeopardy provisions.
Sentence and $25,000 fine for manufacturing precursor was reversed with
instructions to dismiss and $100,000 Drug Clean-Up Fine was vacated.)
Soto, Albino Rosendo v. State, COCA Case No. M-2001-0393
(March 20, 2002)
(Fines, Fees and Costs; VCA reduced because amount imposed exceeded the
statutory maximum.)
Batise, Sherl D. v. State, COCA Case No. F-2001-211
(March 20, 2002)
(Restitution; Trial court erred by failing to determine whether Appellant
could pay restitution without imposing manifest hardship, and the evidence was
insufficient to allow the trial court to determine restitution with reasonable
certainty. Restitution order was vacated and the issue of the amount of the
victim's loss was remanded for proper determination.)
Mosley, Daniel Gene v. State, COCA Case No. C-2001-537
(March 20, 2002)
(Double Jeopardy, Guilty Plea; Convictions for possession of two controlled
substances in violation of double jeopardy prohibitions was plain error.
Conviction on Count II, possession of marijuana, was reversed.)
Dennis, Lamarr Raymond v. State, COCA Case No. C-2001-665
(March 20, 2002)
(Guilty Plea; Petitioner was misled to think he would have to serve 85% of
any sentence resulting from trial, when such was not the case, and that
erroneous information appears to have been a factor in his decision to plead
guilty. Conviction was vacated and remanded to the District Court with
instructions to allow Petitioner to withdraw his guilty plea.)
Corder, Linda Kaye v. State, COCA Case No. F-2000-1653
(March 21, 2002)
(Double Jeopardy; Convictions for both manufacturing methamphetamine and
manufacturing a precursor substance violated double jeopardy provisions.
Sentence and $25,000 fine for manufacturing precursor was reversed with
instructions to dismiss and $100,000 Drug Clean-Up Fine was vacated.)
Kliven, Timothy DeWayne and
Jones, Tony Wayne v. State, COCA Case No. F-2001-283
(March 26, 2002)
(Insufficient Evidence; Evidence presented against both Appellants to prove
the crime of conspiracy to manufacture methamphetamine was entirely
circumstantial and insufficient to prove that both had an agreement to commit
this crime. Judgment and Sentence reversed with instructions to dismiss.)
Tucker, Gary Wesley v. State, COCA Case No. F-2001-210
(March 26, 2002)
(Jury Instructions, Lesser Offenses; Plain error occurred when the trial
court failed to give proper jury instructions and the trial judge failed to
correctly answer the jury's question of whether they could consider Driving
While Impaired if they could not get a unanimous vote on Driving Under the
Influence. Count II was reversed and remanded for a new trial.)
Cook, Lewis Aaron v. State, COCA Case No. M-2001-174
(March 26, 2002)
(Pro Se; Trial Court denied Appellant's Sixth Amendment rights by not
allowing him to represent himself. Reversed and remanded for new trial.)
Gurley, Terrell Dwayne v. State, COCA Case No. C-2001-341
(March 27, 2002)
(Double Punishment; Convictions for both First Degree Burglary and Robbery
with a Firearm arising from the same criminal transaction violates double
punishment prohibitions. First Degree Burglary conviction, and corresponding 75
year sentence, was reversed with instructions to dismiss.)
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. When the
basis for the false personation is that the defendant's acts might have
subjected the person impersonated to potential liability in some fashion, there
must necessarily be a real person who might have been harmed. Count 3 reversed
with instructions to dismiss.)
February 2002
G.S. v. State, COCA Case No. J-2001-878
(February 8, 2002)
(Juvenile Adjudication, record did not show appellant waived right to jury
trial. Reversed and remanded for new trial.)
Boone, Marguerietta v. State, COCA Case No. RE-2001-0663
(February 11, 2002)
(Revocation; Excessive Sentence. Revocation affirmed, but sentence modified.
Two suspended sentences revoked, running concurrently, but ordered "to run
consecutively with new cases." Trial court lacks jurisdiction to include
the "consecutive to new cases" provision because it is
an additional penalty not encompassed by original judgment and sentence.)
McHam, Harold Edward v. State, COCA Case No. F-2001-46
(February 27, 2002)
(Fines, Fees and Costs; Evidence– Insufficient. Incarceration fees vacated
and remanded for hearing. Kidnapping count reversed and remanded with
instructions to dismiss for insufficient evidence.)
January 2002
Muzny, Samuel Leroy v. State,
COCA Case No.
F-2000-1078,
(January 2, 2001)
(Reversed and Remanded. Oklahoma Bureau of Narcotics agents should not have
entered defendant's posted, fenced property without a warrant to search for
marijuana.)
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.)
Throckmorton, John Henry v. State, COCA Case No. F-2001-49.
(January 7, 2002)
(Convictions for both manufacturing methamphetamine and possessing
methamphetamine violated statutory prohibition against double punishment;
conviction for possession was based upon the same evidence used to convict him
of manufacturing; possession charged reversed with instructions to dismiss.)
Hunt, Jason Lee v. State, COCA Case No. RE-2001-180
(January 9, 2002)
(Orders for reimbursement of jail expenses were neither properly requested
nor authorized by District Court and thus ordered to be stricken from the
record.)
Ezell, James Rickey v. State, COCA Case No. F-2000-1543
(January 11, 2002)
(Trial counsel’s performance deficient in second stage for failing to
object to admission of three transactional prior convictions; 70-year sentence
for possession of only slightly more than minimum required for trafficking crack
cocaine modified to 40 years.)
Cooper, Harold v. State, COCA Case No. F-2000-1339
(January 18, 2002)
(Appellant’s convictions for both possession of cocaine and marijuana,
under facts of case, are improper under Watkins v. State, 855 P.2d 141 (Okl.Cr.
1992); Marijuana possession conviction reversed with instructions to dismiss).
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.)
December 2001
Gorrell, Debra v. State, COCA Case No. F-2000-483,
(December 3, 2001)
(Multiple convictions affirmed for drug violations, but the conviction for
Maintaining a Dwelling was reversed for a new trial because the jury was
improperly instructed –instruction omitted three paragraphs included in OUJI
6-12)
Lamar, Robert Anthony v. State, COCA Case No. F-2000-1262,
(December 13, 2001)
(Conviction for Unauthorized Use of a Motor Vehicle AFCFx2, 25 year
sentence, Reversed and Remanded for a new trial. Jury should have been
instructed on lesser offense of joyriding, both because it was a lesser included
offense and because it was the theory of defense.)
Myers, Walker John v. State, COCA Case No. RE-2000-1429,
(December 14, 2001)
(Revocation affirmed, but remanded for "more precise order of
revocation." Order was unclear whether the balance of the sentence was the
one month remaining before suspended sentence expired, or the entire eight
months that could have been revoked.)
Owens, Taress Lamont v. State, COCA Case No. F-2000-862,
(December 19, 2001)
(Possession of CDS affirmed but $11,000 fine vacated because the amount
imposed by the jury exceeded the maximum amount provided by statute. Further,
the jury instruction on punishment incorrectly used mandatory language
pertaining to the imposition of a fine.)
Rucker, Edgar Lee Jr. v. State, COCA Case No. F-2000-1634
(December 20, 2001)
(Fine modified from $10,000 to $2,500. Trial court had combined punishment
ranges and fines from both habitual offender act and drug statutes.)
November 2001
Coburn, Todd v. State, COCA Case No. F-2001-10
(November 13, 2001)
(Sentence Modified. Error in admission of factual details of prior
conviction and another crime.)
Keelin, James v. State, COCA Case No. M-2000-1482 (November
21, 2001)
(Misdemeanor Conviction for Transporting an Open Container (of alcohol).
Reversed and Remanded with Instructions to Dismiss. Evidence was insufficient to
prove that alcohol was being transported on public highway.)
Treat, Kevin v. State, COCA Case No. RE-2000-1470 (November
29, 2001)
(Remanded for Sentencing. Whether sentences run concurrent or consecutive is
decision of District Court, not DOC.)
Stout, Jan v. State, COCA Case No. F-2001-319 (November
29, 2001)
(Reversed for New Trial. Prejudice found in prosecutor’s misleading
statements about testifying co-defendant’s plea bargain agreement.)
October
2001
Baldwin, Tammy v. State, COCA Case No.
F-2000-991 (October
2, 2001)
(Possession of Marijuana conviction Reversed and Remanded with Instructions
to Dismiss. The appellate court found that multiple convictions for simultaneous
possession of methamphetamine and marijuana violated the defendant’s
Constitutional protection against double jeopardy. Here, the officer found both
prohibited substances in the same container, Baldwin’s purse. Possession of
both items was found not to be "separate and distinct" because the
offenses have the same elements and the State used the same evidence to support
each conviction.)
J.L.H. v. State, COCA Case No. J-2001-57 (October 2,
2001)
(The Court found the District Court is without authority to impose a crime
victim compensation assessment under the juvenile code unless the case involves
"criminally injurious conduct." The assessment in this case, which
involved an allegation of delinquency for public drunkenness, was vacated.)
McCandless, Shelly v. State, COCA Case No. F-2000-1241 (October
3, 2001)
(Two of three drug possession charges Reversed and Remanded with
Instructions to Dismiss. The substances (cocaine, marijuana and methamphetamine)
were found in two containers, stacked on top of each other, beneath the couch in
McCandless’ residence. The appellate court agreed that the multiple
convictions punished McCandless three times for the single offense of
possession.)
Powell, Michael v. State, COCA Case No. F-2000-1304 (October
10, 2001)
(Manufacturing Methamphetamine conviction Reversed with Instructions to
Dismiss; felony conviction for Maintaining a Place for Keeping or Selling Drugs
Modified to a misdemeanor. The appellate court threw out a conviction for
manufacturing methamphetamine for insufficient evidence because "the
evidence supported no more than Appellant’s suspicions regarding that
crime" and did not support an aiding and abetting theory. The Court also
modified a felony conviction for maintaining a place for keeping or selling
drugs to a misdemeanor because the jury instruction omitted an essential element
of the felony version of the offense. The jury instruction did not include the
element of "knowingly or intentionally," which is required for the
felony conviction.)
Crider, Benjamin v. State, COCA Case No. F-1999-1422 (October
11, 2001)
(First degree murder conviction Reversed and Remanded for New Trial. The
Court of Criminal Appeals found that expert testimony regarding bitemark and
blood evidence was improperly admitted. The appellate court also found that
evidence regarding an unsuccessful search for the remains of the purported
victim was improperly admitted.)
Kirkpatrick, Robert v. State, COCA Case No. F-2000-1157 (October
12, 2001)
(Assault and Battery with a Dangerous Weapon conviction Reversed and
Remanded with Instructions to Dismiss. In this case, the Appellant, who has no
other convictions, had been working as a security guard at a dance when a fight
broke out. The Court found that had the jury been properly instructed regarding
the available defenses, it would not have convicted him of any crime.)
Patton, Virginia v. State, COCA Case No. F-2000-1232 (October
15, 2001)
(Neglect of Minor Child conviction Reversed with Instructions to Dismiss.
The appellate court found that the appellant’s convictions for Second Degree
Murder and Neglect of a Minor Child violated the statutory prohibition against
double punishment and the double jeopardy clauses of the state federal
constitutions "as the evidence used to support both convictions was the
same.")
Fechner, Rosa v. State, COCA Case No. RE-2000-1257 (October
16, 2001)
(The Court ordered the revocation of the defendant’s suspended sentence
reversed with instructions to dismiss. The Court found the State failed to prove
the alleged violation of probation by a preponderance of the evidence.)
Wells, Dustin v. State, COCA Case No. F-2000-805 (October
18, 2001)
(One of three counts of Assault with a Dangerous Weapon Reversed and
Remanded with Instructions to Dismiss. The Appellant had been convicted of nine
felonies in the district court, and the appellate court did not discuss what
proof was lacking in the one count it tossed out. Also of interest, the Court
noted that "although the prosecutor committed misconduct by repeatedly
calling Appellant a coward and a predator, commenting on Appellant’s in-court
conduct and demeanor, and sponsoring erroneous identification evidence, we find
relief is not warranted as the improprieties did not deprive Appellant of a fair
trial or result in a miscarriage of justice. [Citations omitted] We do, however,
caution the prosecutor to refrain from such conduct in the future.")
J.J.A. v. State, COCA Case No. J-2001-616 (October 24,
2001)
(Adjudication affirmed, but Modified. Accused’s right to confront
witnesses violated when out-of-court admissions of a non-testifying co-defendant
were admitted at trial.)
Gravitt, Recil v. State, COCA Case No. F-2000-1308 (October
26, 2001)
(Sentence Modification. The Court found the jury instructions improperly
combined the fine provisions of Title 63, Section 2-401 (drug offenses, which
unenhanced carry a fine of up to $100,000), with the enhancement provisions of
Title 21, Section 51 (the habitual offender statutes, which do not provide for
any fine at all). Under the general fine provision of Title 21, Section 64, the
maximum fine (if not otherwise established) is $10,000. The Court modified the
fine in this case from $100,000 to $10,000.)
Williams, Kathleen v. State, COCA Case No. RE-2000-1512
(October 30, 2001)
(Accelerated Docket Order Reversing and Remanding for Further Proceedings.
Error in representation by appointed defense counsel who had previously served
as assistant district attorney on same case.)
September 2001
Carr, Byrin v. State, COCA Case No. F-2000-1163
(September 27, 2001)
(Convictions and sentences Modified. The Court found that the trial court
erred in refusing the defendant’s requested jury instruction on entrapment.
The Court modified the appellant’s two convictions for delivery of controlled
dangerous substances, to possession of controlled dangerous substances and cut
the sentences from 10 years to 5 years imprisonment for each.)
Vivier, Eugene v. State, COCA Case No. C-2001-225
(September 6, 2001)
(Reversed and Remanded for New Hearing on Motion to Withdraw Plea. The Court
found "Petitioner made nominal claims that his attorney at the time of his
plea and sentencing was ineffective. Whenever such claims are made, one in
Petitioner’s position is entitled to have another attorney represent him at
the hearing on his motion to withdraw plea of guilty. . . . Harmless error
analysis can not be applied under these circumstances.")
Schroeder, Larry v. State, COCA Case No. F-2000-515
(September 6, 2000)
(Two counts of kidnapping for purpose of extorting sexual gratification, one
count of first degree burglary Reversed with Instructions to Dismiss. "The
kidnappings . . . and the sexual assaults . . . were so closely connected as to
be inseparable in terms of time, place and casual (sic) relation that the
conduct of one tended to be explanatory of each other. The kidnappings became,
in effect, an underlying felony which merged as one of the elements of rape,
sexual abuse and forcible oral sodomy. As the kidnappings for purpose of
extorting sexual gratification was merely the means to commit the other charged
offenses, the kidnapping offenses were reversed with instructions to dismiss.
The Court also dismissed one count of first degree burglary because the element
of "breaking" was not proven.)
Vassar, James v. State, COCA Case No. RE-2000-1566
(September 7, 2001)
(Defendant who was not eligible for suspended sentence because of prior
convictions must be given opportunity to withdraw pleas and face trial; if he
does not withdraw plea, the sentence must be served without suspension.)
Hampton, Glen v. State, COCA Case No. F-2000-1062
(September 21, 2001)
(The Court found "due to the State’s failure to specifically show, at
trial, that the pointing the firearm offense and the possession of the firearm
in the commission of the rape arose out of separate acts, the charge of
possession of a firearm in the commission of a felony must be reversed with
instructions to dismiss.")
Washington, Lawrence v. State, COCA Case No. F-2001-55
(September 5, 2001)
(The appellate court found that "[s]imultaneous possession of marijuana
and money in a penal institution is a single act of possession" and
punishment for both violated Washington’s statutory protection against double
punishment. One of the counts was Reversed with Instructions to Dismiss.)
Lowe, Jack v. State, COCA Case No. F-2000-897
(September 21, 2001)
(Rape by Instrumentation Conviction Modified to Lewd Molestation. The Court
found the State did not prove beyond a reasonable doubt even slight penetration,
which is required to prove rape by instrumentation. The sentence was modified
from 1,000 years to life imprisonment.)
McCullough, James v.State, COCA Case No. F-2000-880
(September 19, 2001)
(Sentence modified. The trial court improperly allowed admission of a
deferred sentence on a non-drug-related offense for purposes of enhancing the
sentence on a marijuana possession charge. The sentence was modified from 10
years to 7 years imprisonment.)
Dubiel, John v. State, COCA Case No. F-2000-1427
(September 5, 2001)
(The Court found that the "simultaneous possession of several false
evidences of debt (forged checks) at one place and time is one offense" and
vacated two of three convictions for that offense.")
August 2001
Ashlock, David v. State, COCA Case No. F-2000-1138 (August
31, 2001)
(Reversed with Instructions to Dismiss. Defendant was charged with First
Degree Manslaughter; over defense objection, the trial court gave a jury
instruction on the offense of Assault and Battery with a Dangerous Weapon. The
defendant was acquitted of manslaughter, but convicted of the lesser offense.
However, precedent exists that the defendant has the "right" to
affirmatively waive lesser offense instructions and proceed on an "all or
nothing approach." In this case, the defense objected to lesser instruction
and sought to waive instruction on lesser offenses.)
Avey, Keith v. State, COCA Case No. F-2000-618 (August
31, 2001)
(The trial court abused its discretion in assessing restitution in the
absence of evidence indicating the actual amount of loss suffered by each
victim.)
Watkins, Sam v. State, COCA Case No. F-2000-484 (August
23, 2001)
(Reversed and Remanded for New Trial. The appellant was convicted in a bench
trial of endeavoring the manufacture methamphetamine. The appellate court found
there was no evidence in the record that Appellant knowingly and voluntarily
waived his right to a jury trial. The defendant’s statements made for the
purpose of attempting to enter a no-contest plea, which ultimately fell through,
did not indicate an intent to forever waive the Constitutional right to a jury
trial. The case was remanded.)
Richardson, Thomas v. State, COCA Case No. F-2000-1531 (August
30, 2001)
(Sentence for unlawful possession of diazepam was modified because the
sentence imposed by the jury exceeded the statutory maximum (due to
misinstruction).)
Bucsok, Randy v. State, COCA Case No. F-2000-1156 (August
28, 2001)
(Reversed and Remanded for New Trial. Trial court abused discretion in
refusing to allow two defense witnesses to testify; one witness was excluded on
grounds of competence (the witness was a child), and the other was excluded
because trial counsel had failed to notify the State after learning of a change
in the witness’s anticipated testimony (the court found the sanction of
excluding the testimony on these facts "too severe." )
Biby, Robert v. State, COCA Case No. RE-2000-1170 (August
10, 2001)
(Accelerated Docket Order Reversing and Remanding Order Revoking Suspended
Sentence with Instructions to Dismiss. The State failed to timely file the
application to revoke the suspended sentence, thus depriving the trial court of
jurisdiction over the matter.)
Wisner, Robert v. State, COCA Case No. F-2000-1313 (August
31, 2001)
(One count Reversed and Remanded with Instructions to Dismiss. Appellant’s
right to be free from double jeopardy was violated by his separate convictions
for possession of marihuana and possession of dihydrocodeinone (under case law
prohibiting multiple convictions for possession of different types of drugs in a
single package).
Brown, Jeffrey v. State, COCA Case No. F-2000-771 (August
6, 2001)
(Affirmed, but the appellate court found the trial judge "abused his
discretion by failing to consider a concurrent sentence, based solely upon
Appellant’s decision to exercise his Constitutional right to a jury
trial." The court found the error harmless, however, based upon the
particular facts and prior criminal history of the defendant.)
July
2001
Laster Jr., Bernard v. State, COCA Case No. F-2000-617
(July 2, 2001)
(Accelerated Docket Order vacating acceleration of deferred sentence on
offense to which the defendant never pleaded guilty or was convicted at trial.
(Offense was dismissed as part of a larger plea bargain and erroneously included
in acceleration).)
Brown, Sherman v. State, COCA Case No. MA-2001-117
(July 3, 2001)
(Order granting Extraordinary Writ of Mandamus/Prohibition, dismissing Bill
of Particulars and precluding the State from seeking death penalty in retrial of
murder case reversed on appeal, where the jury previously found the existence of
aggravating circumstance(s) but rejected death sentence.)
Haunschild, Rick v. State, COCA Case No. F-2000-740
(July 6, 2001)
(Attempted escape from private prison subject to lesser penalty than
attempted escape from a statutorily listed penal institution. Compare Title 21,
Sections 42, 443 and 436. Editor’s Note: This opinion modified the sentence
from 3 ½ years to 2 years imprisonment. On July 26, 2001, Petition for
Rehearing was granted, and the sentence ultimately was modified to one year in
county jail.)
McManus Jr., Jerry v. State, COCA Case No. F-2000-912
(July 10, 2001)
(Judgments and Sentences Modified. Jury instructions on First Degree Rape by
Instrumentation erroneously omitted element of "bodily injury," so
jury’s conviction of two counts of this offense were modified to Second Degree
Rape by Instrumentation, which does not require proof of the missing element.
The sentences on these counts were modified from life imprisonment to 15 years
each.)
Rose, Mitchell v. State, COCA Case No. F-2000-821
(July 10, 2001)
(Reversed and Remanded for Resentencing. Error in failure to comply with
requirements of pre-sentence investigation required new sentencing proceeding.)
Smothermon, Gene v. State, COCA Case No. F-2000-998
(July 10, 2001)
(Sentence Modified from 75 years to 30 years. Court found prosecutor erred
when he ended his closing argument with "may God go with you" and by
injecting his personal opinion of guilty and by arguing that the jury should
send Appellant a message, referencing the probability of Appellant committing
future crimes. Court agreed with trial court that jury’s imposition of 75
years was excessive; although Court found that trial court was without authority
to impose a lesser sentence than that recommended by the jury, the Court
exercised its authority in ordering the same modification.)
Guinn, Tony v. State, COCA Case No. F-2000-939
(July 20, 2001)
(Sentences modified to run concurrently. Defendant convicted of two counts
of workers’ compensation fraud based upon fraudulent statements to different
doctors, but court rejected double jeopardy claim.)
June
2001
Lindsey, Eric v. State, COCA Case No. RE-2001-318
(June 6, 2001)
(Revocation affirmed, but order that defendant be denied good time credits
was vacated because it exceeded the district court’s authority and violated
separation of powers clause. Additionally, issue of incarceration fees remanded
for hearing in compliance with statute and to determine "manifest
hardship.")
Barnes, Robert v. State, COCA Case No. F-2000-671
(June 7, 2001)
(Convictions for both Assault and Battery with Dangerous Weapon and Maiming
violated the statutory prohibition against double punishment. Accordingly, and
the maiming conviction was reversed with instructions to dismiss.)
Cheadle, Rodney v. State, COCA Case No. F-2000-386
(June 70, 2001)
(Multiple counts Reversed with Instructions to Dismiss and/or Modified.
Evidence insufficient to prove First Degree Murder "in furtherance" of
drug dealing; conviction modified to Solicitation of Murder and sentence
modified from life without parole to life imprisonment. Conspiracy to Commit
First Degree Murder conviction Reversed with Instructions to Dismiss as
violative of double jeopardy in conjunction with the solicitation conviction.
Evidence insufficient to prove offenses of Illegal Use of Police Radio and
Possession CDS with Intent to Distribute.)
Dean, Albert v. State, COCA Case No. F-2000-948
(June 7, 2001)
(Sentence modified from 25 years to10 years imprisonment because the State
improperly presented rebuttal evidence that "did not explain, repel,
disprove or contradict facts given in evidence by an adverse party." In
sexual abuse prosecution, over objection, State presented rebuttal testimony
that allowed jury to infer other crimes unrelated to the prosecution.)
Andrews, Christopher v. State, COCA Case No. F-2000-451
(June 8, 2001)
(Reversed and Remanded for New Trial. Jury erroneously was allowed to
separate and go home at night (over objection) during the midst of
deliberations.)
Baucom Jr., Larnell v. State, COCA Case No. C-1999-766
(June 12, 2001)
(Order Granting Certiorari and requiring District Court to Grant Request to
Withdraw Guilty Plea. Majority simply states counsel for the defendant was
ineffective and the defendant was prejudiced. According to Judge Lile’s
dissent, the defendant asserted that the plea was involuntarily entered because
of defense counsel’s error in advising client that he would be sentenced under
the Delayed Sentencing Program for Young Adults.)
Phipps, Ronald v. State, COCA Case No. F-2000-796
(June 20, 2001)
(Fine vacated. Court finds no statutory authority for imposition of fine for
Possession of Marijuana. General fine provision in Title 21 cannot be combined
with statutory punishments set forth outside Title 21.
Raymond, Anthony v. State, COCA Case No. F-2000-861
(June 27, 2001)
(Modification of fine. Enhancement of sentence under habitual offender
statutes can be combined with general statutory provision in Title 21 allowing
for a fine of up to $10,000 to be imposed for any offense. Imposition of a fine
higher than $10,000 modified.
Horn, Alfred v. State, COCA Case No. F-2000-335
(June 29, 2001)
(Sentences modified to run concurrently. At sentencing, trial court should
consider all facts available, including prior criminal history of defendant, in
making the decision whether to run the sentences concurrently.)
May
2001
Vananden, Christopher v. State, COCA Case No. F-2000-446 (May
4, 2001)
(Reversed and Remanded for New Trial. Erroneous admission of other crimes
evidence, which failed to meet any exception for admission and for which there
was no clear and convincing proof, required reversal.)
Miller, Donald v. State, COCA Case No. F-2000-692 (May
10, 2001)
(Sentence modified. Sentence of 50 years for Injury to Public Building
excessive because it "shocks the conscience of the court." Court
modified it to run concurrently with, rather than consecutively to, 200-year
sentence for Escape from County Jail.)
B.D.S. v. State, COCA Case No. J-2001-80 (May 14,
2001)
(Order denying Appellant’s Motion for Certification as a Youthful Offender
Reversed and Remanded with instructions to Certify Appellant as a Youthful
Offender. Court found the record failed to show that the State complied with
basic statutory provisions concerning service on and notice of rights to
Appellant’s parent, guardian or next friend. Court also found that district
court’s decision to deny Youthful Offender status was influenced by external
issues of lack of funding and lack of secure facilities and services available
in the youthful offender system.)(As noted in the dissent, Appellant was a
16-year-old charged with first degree murder.)
April
2001
Buckley, Daniel v. State, COCA Case No. F-2000-310
(April 6, 2001)
(Accelerated Docket Order affirming acceleration of deferred sentence, by
modifying judgment to run concurrently, rather than consecutively, with sentence
in another case.)
Stanard, Jesse v. State, COCA Case No. F-1999-1084
(April 12, 2001)
(Conviction for Assault and Battery with Intent to Kill Reversed and
Remanded for New Trial, other counts affirmed. Because Appellant and
co-defendant had mutually antagonistic defenses, a severance was necessary to
preserve Appellant’s right to a fair trial on this count.)
Smith, Charles v. State, COCA Case No. F-2000-599
(April 13, 2001)
(Restitution Order Modified. Order requiring restitution failed to take into
account payments prior to the court order, and was modified to reflect those
payments.)
Anderson, Jeffrey v. State, COCA Case No. RE-2000-688
(April 17, 2001)
(Accelerated Docket Order reversing revocation of suspended sentence because
revocation hearing was not held within 20 days of the defendant’s entry of a
plea and record failed to disclose a waiver of the statutory 20-day rule.)
Crittenden, Sidney v. State, COCA Case No. F-2000-152
(April 17, 2001)
(One of two counts of Lewd Molestation Reversed and Remanded with Instructions
to Dismiss. Although the victim stated "it happened more than once,"
the evidence was insufficient to sustain two separate counts of lewd molestation
occurring in the time frames charged in the Information.)
Goshay, Anthony v. State, COCA Case No. C-2000-35
(April 18, 2001)
(Certiorari Granted; Record reflects that guilty plea was entered with
understanding that State would not seek enhancement of sentence unless defendant
withdrew the plea. Counsel, prosecutor and trial court assured defendant he
could withdraw plea at sentencing, but that State could then enhance his
sentence with prior convictions. Under these circumstances, defendant’s wish
to withdraw his plea must be honored.)
Nuckols, Jackie v. State, COCA Case No. F-1999-1615
(April 18, 2001)
(Conviction for Manufacturing or Attempted Manufacturing of Methamphetamine
Reversed and Remanded for New Trial. Admission of improper evidence regarding a
stale prior conviction, an evidentiary harpoon of other crimes evidence and
deficient performance by counsel relating to a motion for continuance and motion
to withdraw as counsel deprived Appellant of a fair trial.)
Crase, Kenneth v. State, COCA Case No. F-2000-367
(April 19, 2001)
(Conviction for Manufacturing Methamphetamine Reversed and Remanded with
Instructions to Dismiss. Evidence was insufficient to show Crase was a principal
in the manufacture of methamphetamine; "mere presence at or acquiescence to
a crime does not equal a crime.")
Crase, Kevin v. State, COCA Case No. F-2000-365
(April 19, 2001)
(Conviction for Manufacturing Methamphetamine Reversed and Remanded with
Instructions to Dismiss. Evidence was insufficient to show Crase was a principal
in the manufacture of methamphetamine; "mere presence at or acquiescence to
a crime does not equal a crime.")
Stratmoen, Joe v. State, COCA Case No. F-2000-292
(April 24, 2001)
(Sentence Modified. Offense of Possession of Firearm in the Commission of a
Felony (Title 21, Section 1287), was enacted as a way to enhance punishment for
the primary offense, thus it is not subject to enhancement under the habitual
offender statutes.)
Betts, Robert v. State, COCA Case No. C-2000-1344
(April 26, 2001)
(Certiorari Granted with regard to several convictions because of a lack of
factual basis to support those offenses.)
March
2001
Wright, Jeremy v. State, COCA Case No. RE-2000-434
(March 9, 2001)
(Accelerated Docket Order Reversing Revocation of suspended sentence.
Revocation hearing was not held within 20 days of the defendant’s plea on the
application, and the record did not reflect a waiver of the 20-day rule.
Ellison, Walter v. State, COCA Case No. RE-2000-1034
(March 15, 2001)
(Accelerated Docket Order. Trial court erred in issuing a new Judgment and
Sentence upon revocation of suspended sentence; reversed for withdrawal of new
judgment and sentence and entry of revocation order..
Franklin, Cortez v. State, COCA Case No. F-2000-341
(March 20, 2001)
(Conviction for Possession of CDS Reversed and Remanded with Instructions to
Dismiss. Evidence was seized pursuant to an unreasonable detention under the
Fourth Amendment. Per the dissent, the defendant was standing in an apartment
complex and turned to leave and made a throwing motion when he saw the police
officers pull into the parking lot.)
Bristol, Kenneth v. State, COCA Case No. RE-2000-252
(March 21, 2001)
(Revocation of Suspended Sentence Reversed and Remanded to District Court.
Defendant, who posted appeal bond after acceleration of deferred sentence, was
subsequently revoked for violating terms of probation imposed after the
acceleration. Evidence was insufficient to show that the Judgment and Sentence
was final because appeal was never consummated, but appeal bond was never
revoked.)
Boles, Michael v. State, COCA Case No. RE-2000-1010
(March 28, 2001)
(Revocation Modified. In appeal from revocation, it was determined that
defendant was sentenced to greater than the statutory maximum sentence on two
crimes; sentences were modified accordingly.)
Mims, Robert v. State, COCA Case No. RE-2000-920
(March 28, 2001)
(Revocation Reversed and Remanded. District Court lacks jurisdiction to sua
sponte "review" probationer’s progress on suspended sentence and
revoke the sentence without the State filing an application to revoke.)
February
2001
Hobbs, Michael v. State, COCA Case No. RE-1999-1556
(February 1, 2001)
(Revocation Modified to reflect satisfaction of all fees, fines and costs.
Court finds no merit in one of the factual reasons relied upon for revocation,
but finds other grounds relied upon by trial court supported revocation.)
Young, Hugo v. State, COCA Case No. RE-2000-251
(February 2, 2001)
(Revocation Modified from full revocation of 20-year sentence to revocation
of 8 years, with remainder to be served on probation. Court agrees partial
revocation was warranted by defendant’s failure to timely report to sexual
offender treatment as required by terms of probation.)
Farris, Nikisha v. State, COCA Case No. C-2000-750
(February 5, 2001)
(Sentence Modified. Court finds 100 year sentence imposed for Robbery in the
First Degree to be excessive, and orders it modified to 30 years.)
Hulsey, Charlie v. State, COCA Case No. RE-2000-841
(February 8, 2001)
(Revocation Order Modified. Sentences originally ordered to be run
concurrently at time of plea bargain and Judgment and Sentence cannot later be
ordered to run consecutively when they are revoked.)
Johnson, Sean v. State, COCA Case No. F-1999-1465
(February 8, 2001)
(Conviction Modified. Contradictory and misleading jury instruction
constituted plain error and required modification of one conviction, but not
other counts.)
Davenport, Heather v. State, COCA Case No. F-2000-213
(February 9, 2001)
(Conviction for Carrying CDS into Jail Reversed and Remanded with
Instructions to Dismiss. Evidence was insufficient to demonstrate that the
defendant "knowingly" transported contraband (i.e., that she knew that
the package she delivered had contraband inside).)
Bryson, Jeffery v. State, COCA Case No. RE-2000-0392
(February 16, 2001)
(Revocation, Sentences Modified. Sentences imposed for Lewd Molestation
exceeded the statutory maximum, and Court modified them to the maximum 20
years.)
January
2001
Holmes, Carl v. State, COCA Case No. F-1999-1260
(January 3, 2001)
(Possession of Marijuana conviction Reversed and Remanded for New Trial.
Trial court erred in admitting Appellant’s prior marijuana conviction in the
first stage to prove Appellant’s guilt for possession of marijuana (second and
subsequent offense). Error harmless on other counts.)
Carter, William v. State, COCA Case No. F-1999-1293
(January 4, 2001)
(Two counts of Lewd Acts Reversed and Remanded with Instructions to Dismiss.
Filing of additional counts barred by statute of limitations.)
Tillis, Damean v. State, COCA Case No. F-1999-1654
(January 4, 2001)
(Possession of Marijuana with Intent to Distribute conviction Modified to
misdemeanor marijuana possession conviction. Small amount of marijuana and small
pair scales did not sufficiently prove element of distribution.)
Ford, Frank v. State, COCA Case No. M-2000-230
(January 8, 2001)
(Reversed and Remanded for Sentencing in accord with Jury Verdict. Jury
imposed 90 days, but trial court sentenced defendant to one year with all but 90
days suspended. The trial court is without authority to alter the jury verdict
on sentencing, so long as jury verdict is within statutory limits.)
M.G. v. State, COCA Case No. J-2000-690
(January 11, 2001)
(Juvenile delinquency adjudication Reversed and Remanded; proceedings void
because of failure to properly serve parent/guardian of juvenile.)
Brumley, Susan v. State, COCA Case No. RE-2000-630
(January 12, 2001)
(Revocation Reversed and Remanded with Instructions to Dismiss. Trial court
lacked jurisdiction to revoke a suspended sentence where the original charge
against the defendant had been dismissed and not re-filed.)
Clark, Sidney v. State, COCA Case No. F-2000-282
(January 26, 2001)
(Conviction, Sentences Modified. Evidence of prior convictions (judgment and
sentences from another state bearing same name as defendant) insufficient for
enhancement of conviction.)
Hulbutta, Matthew v. State, COCA Case No. M-2000-115
(January 31, 2001)
(One count Reversed and Remanded with Instructions to Dismiss. Information
alleged two assault and batteries on same date, but State’s proof showed one
offense on date alleged in the Information and evidence of a separate assault on
an earlier date. Second count reversed because evidence failed to prove second
assault on date alleged in the information.)
Patterson, Katherine v. State, COCA Case No. M-1999-569
(January 31, 2001)
(Possession of Paraphernalia conviction Reversed and Remanded for
Insufficient evidence. Defendant, in a car where drugs were found, had syringes
in her purse. However, defendant had legal prescription for medication that
required injection. Evidence insufficient to prove syringes were for illegal
use.)
May
1999 Hudson, Richard Clay v.
State, COCA Case No. F-97-1499
(May 11, 1999)
(Evidence, Other Crimes; Due Process) Fundamental and reversible error to allow
State to introduce unfairly prejudicial other crimes and bad act evidence not
relevant to any exception to the general rules barring such evidence. Reversed
and remanded for new trial.
April
1999
Romo, Johnnie Edward v. State, COCA Case No. O-98-461
(April 13, 1999)
(Revocation) State did not exercise due diligence in prosecuting application
to revoke. State allowed Appellant's suspended sentences to expire before
actually obtaining his presence in open court, even though his whereabouts were
readily apparent. Reversed and remanded with instructions to dismiss.
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