Monthly Unpublished Opinions Issued 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 6^th 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 3^rd 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.

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 6^th Amendment unless declarants were unavailable or defense had prior opportunity to cross examine the non-testifying witnesses.

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.

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.

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.

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.

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.

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.

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, 1^st 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.