Sentencing

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.

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.

Day, Chavis Lenard v. State, COCA Case No. F-2007-526 (November 19, 2008)
(Sentencing) 85% Rule does not apply to attempted robbery offenses.

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.

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.

Fomby, Charles Clifton v. State, COCA Case No. F-2005-855 (August 14, 2006)
(Evidence, Other Crimes; Sentencing; Prosecutorial Misconduct) Error in modifying OUJI-CR 10-21 to include the amount of time defendant served on prior convictions, together with prosecutorial misconduct, required modification of sentences from 60 years on two counts, consecutive, to 30 years on each count, concurrent.

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.

Frias, Sylvia Coronado v. State, COCA Case No. F-2005-718 (May 24, 2007)
(Sentencing) Trial court increased sentence assessed by jury. No one objected to this alteration of the jury verdict. Remanded with instructions to correct sentence to conform to verdict.

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.

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. 

Gatewood, Clarence Andre v. State, COCA Case No. F-2005-829 (November 17, 2006)
(Sentencing; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule. Sentence modified.

Hudson, Zachary Michael v. State, COCA Case No. F-2005-440 (August 15, 2006)
(Sentencing) Trial court’s refusal of requested instruction regarding the requirement that the defendant serve 85 percent of sentence resulted in modification of 20 year sentence for manslaughter to 15 years, with the $10,000 fine unchanged.

Kasiah, Richard A. v. State, COCA Case No. RE-2005-863 (November 3, 2006)
Revocation/Acceleration Decisions; Sentencing) Sentences to be served concurrently on probation were revoked in error to be served consecutively. Sentences modified to run concurrently.

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

Locust, Johnny Freddy v. State, COCA Case No. F-2004-997 (April 3, 2006)  (Jury Instructions, Other; Sentencing) Since the case was pending on direct review when Anderson was decided, the jury should have been informed of the 85% rule. Sentence modified sua sponte based on the "principle of equal treatment among similarly situated Appellants whose cases are pending on direct review."

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.

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

Nelson, David Lynn v. State, COCA Case No. F-2004-1198 (August 15, 2006)
(Evidence, Sufficiency; Sentencing) Evidence insufficient to prove element of penetration for one of the sodomy convictions. Trial court’s refusal of requested instruction regarding the requirement that the defendant serve 85 percent of certain sentences resulted in modification of life sentences to 45 years.

Nimmo, Eric Matthew v. State, COCA Case No. F-2005-522 (August 3, 2006)
(Sentencing) Error in admission of transactional prior felonies warranted modification from 35 years to 25 years. State argued for jury to punish the defendant as a "three-time convicted felon, when two priors were transactional."

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.

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.

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.

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.

Watie, Denise Sue v. State, COCA Case No. F-2005-129 (April 3, 2006)
(Jury Instructions, Other; Sentencing) Upon timely and specific request, jury should have been informed of the 85% rule. Sentence modified.