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Monthly Unpublished Opinions Issued 
Where Relief was Granted

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Calendar Year 2014

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March 2013 July 2013 November 2013
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Calendar Year 2012

January 2012 May 2012 September 2012
February 2012 June 2012   (none) October 2012
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April  2001 August  2001 December  2001


Calendar Year 1999
April 1999


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 Stateís 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, ß 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 courtís 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 counselís 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 counselís failure to present the trial court with evidence relating to Petitionerís 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 courtís 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 Stateís 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.

OíNeal, 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 Stateís 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 juryís 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 Courtís 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-defendantís 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 defendantís 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 judgeís 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 courtís 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 stateís 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 insurerís 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 Courtís 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) Counselís 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 counselís 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 DíShun v. State, COCA Case No. F-2011-482 (August 9, 2012)
(Jury Instructions, Misleading/Confusing) Plain error found where trial court did not instruct jury that material nature of perjured statement could be considered in setting punishment. Sentence modified.

Dang, Nhanh Van and Nguyen, Nhi Thi v. State, COCA Case No. S-2012-214 (August 13, 2012)
(State Appeals) Stop of vehicle not supported by reasonable suspicion. Suppression of evidence affirmed.

Tate, Lonnie Wayne v. State, COCA Case No. F-2011-460 (August 13, 2012)
(Double Jeopardy/Double Punishment; Fines, Fees and Costs) Convictions for Obstructing an Officer and Resisting an Officer violated double punishment. Under the facts, Obstructing (misdemeanor) was part and parcel of the felony charge of Attempting to Elude. Resisting an Officer (misdemeanor) was part and parcel of the felony A&B on a Police Officer. Speeding and running roadblocks were not subsumed by the Attempting to Elude count. Misdemeanors reversed with instructions to dismiss. Fine for speeding also modified to statutory maximum.

Tran, Huyen Ai Thi v. State, COCA Case No. F-2011-480 (August 9, 2012)
(Fines, Fees and Costs) Remanded to district court to correct judgment and sentence imposing a $250 fine which should have been $150.

July 2012

Chambers, Dale Anthony v. State, COCA Case No. F-2010-1079 (July 13, 2012)
(Sixth Amendment; Evidence, Expert Testimony) Sexual assault exam report generated by members of multi-disciplinary team was prepared for use in a criminal trial, and "falls under the category of testimonial evidence subject to the confrontation clause." Admission of the report violated 6th Amendment unless declarants were unavailable or defense had prior opportunity to cross examine the non-testifying witnesses.

Lymen, Steven Cory v. State, COCA Case No. S-2011-765 (July 13, 2012)
(State Appeals; Evidence, Sufficiency) Trial court found that the initial identification was unduly suggestive and tainted the subsequent in-court identification. Identification suppressed, case dismissed. District court ruling affirmed.

June 2012

No Win Opinions for the month of June.

May 2012

Dinkins, Ronald Alvis v. State, COCA Case No. F-2010-548 (May 23, 2012)
(Pro Se) Appellant not properly warned by the district court of the dangers of self-representation.  Reversed and remanded for new trial.

Pace, Philipe Jean v. State, COCA Case No. C-2011-592 (May 10, 2012)
(Pro Se; Guilty Plea Decisions) Record does not reflect clear and unequivocal assertion of right to self-representation or knowing and intelligent waiver of counsel. Certiorari granted.

Turner, Chad Allen v. State, COCA Case No. F-2010-1128 (May 9, 2012)
(Double Jeopardy/Double Punishment) Convictions for both conspiracy to manufacture and conspiracy to traffic methamphetamine violated double punishment provisions, where the overt acts for both conspiracies were the same. Court reverses and dismisses the count with the lesser sentence.

April 2012
Burdex, Elgret Lorenzo v. State, COCA Case No. F-2010-914 (April 26, 2012)
(Sentence, Excessive) Courtís conscience shocked by life sentence for five-time felon convicted of one count of uttering a forged instrument. Sentence modified to 20 years.

Carroll, Marco Lamonte v. State, COCA Case No. F-2010-495 (April 4, 2012)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Conviction for Using a Vehicle to Facilitate Intentional Discharge of Firearm and conviction for Second Degree Murder, in the commission of Using a Vehicle to Facilitate the Intentional Discharge of a Firearm violate constitutional protections from double jeopardy. Non-murder count reversed with instructions to dismiss.

Mason, James Eugene v. State, COCA Case No. RE-2010-762 (April 6, 2012)
(Revocation/Acceleration Decisions; Sentence, Excessive) Error to revoke sentence in full without giving credit for time already served. Remanded for nunc pro tunc order correcting the amount of time revoked.

State v. Daren Levi Geyer, COCA Case No. S-2011-543 (April 6, 2012)
(State Appeals) State appeals orders suppressing evidence due to discovery violations. COCA finds no abuse of discretion. "Common sense dictates that the more severe the sanction, the more likely the problem will be remedied in future cases."

State v. Blair Rix Miller, COCA Case No. S-2011-545 (April 6, 2012)
(State Appeals) State appeals orders suppressing evidence due to discovery violations. COCA finds no abuse of discretion. "Common sense dictates that the more severe the sanction, the more likely the problem will be remedied in future cases."

State v. Nicholas Demir Say, COCA Case No. S-2011-544 (April 6, 2012)
(State Appeals) State appeals orders suppressing evidence due to discovery violations. COCA finds no abuse of discretion. "Common sense dictates that the more severe the sanction, the more likely the problem will be remedied in future cases."

Williams, Roy C. v. State, COCA Case No. F-2010-665 (April 4, 2012)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Conviction for Using a Vehicle to Facilitate Intentional Discharge of Firearm and conviction for Second Degree Murder, in the commission of Using a Vehicle to Facilitate the Intentional Discharge of a Firearm violate constitutional protections from double jeopardy. Non-murder count reversed with instructions to dismiss.

March 2012
Gilbert, Isaiah Hasan v. State, COCA Case No. F-2011-354 (March 29, 2012)
(Ineffective Assistance of Counsel, Sentence, Excessive) Deficient performance by counsel affected sentencing. Failure to object to extraneous information re: priors affected sentence.  Modified from 30 to 20 years.

Jones, Michael Lee v. State, COCA Case No. F-2010-644 (March 27, 2012)
(Fines, Fees and Costs) Trial court improperly bifurcated sentencing on misdemeanor count. Fine vacated.

Sanders, Mark A. v. State, COCA Case No. F-2010-1191 (March 30, 2012)
(Revocation/Acceleration Decisions; Evidence, Sufficiency) Plain error to accelerate deferred sentence solely by taking notice of evidence heard in another case (where defendant was convicted but conviction was not shown to be final).

State v. Pamela Dejear, COCA Case No. S-2011-774 (March 1, 2012)
(State Appeals; Evidence, Sufficiency) Magistrate dismissal of prosecution for possession of firearm while under DOC Supervision affirmed because State had not proven that defendant was under DOC supervision.

State v. Wendel Hughes, COCA Case No. S-2011-0801 (March 26, 2012)
(State Appeals) Magistrate at prelim sustained defense demurrers to two of three counts, and was upheld by District Court Judge. State did not meet its burden of showing the decision was "clearly erroneous."

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

Davenport, Dustin Loyal v. State, COCA Case No. RE-2011-249 (February 23, 2012)
(Evidence, Sufficiency) No evidence conduct was a contributing factor to accident. Sentence after revocation modified to time served.

Dorsey, Jr., James Duane v. State, COCA Case No. C-2011-651 (February 8, 2012)
(Sentence, Excessive) Trial court imposed sentence greater than that authorized by statute. Sentence modified.

Stinson, Sr., Christopher v. State, COCA Case No. F-2011-70 (February 24, 2012)
(Double Jeopardy/Double Punishment) Manufacturing cds (which was also the underlying felony for felony murder) dismissed as violating double jeopardy.

Stolhand, Teddy William v. State, COCA Case No. S-2011-467 (February 1, 2012)
(State Appeals) Defendant whose rights to possess firearms had been restored after successful completion of deferred in 2004 cannot be subject to prosecution for firearm possession based on the 2010 change in the law requiring a 10-year waiting period before rights are restored.

January 2012
Berry, Marcus Dejuan v. State, COCA Case No. F-2010-547 (January 24, 2012)
(Double Jeopardy/Double Punishment) Convictions for Lewd Molestation and Kidnapping violate Section 11. Kidnapping count reversed and dismissed.

Johnson, James Parnell v. State, COCA Case No. RE-2011-277 (January 10, 2012)
(Fines, Fees & Costs) Under 21 ß 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 counselís pending criminal case. Prosecutor erred in stating opinion of defendantís guilt and vouching for stateís witness. Life sentence modified to 25 years.

Luck, Larry Gene v. State, COCA Case No. M-2010-1026 (December 1, 2011)
(Restitution) Remanded for proper determination of restitution.

McGhee, Cynthia v. State, COCA Case No. RE-2010-706 (December 1, 2011)
(Revocation/Acceleration; Restitution) Remanded for a hearing regarding ability, or lack thereof, to pay restitution and court costs.

Turner, Eugene v. State, COCA Case No. F-2010-0888 (December 9, 2011)
(Revocation/Acceleration Decisions; Sentence, Excessive) Application to Accelerate filed after deferred sentence had expired. Order accelerating reversed and remanded.

Vansickle, Jason Dean v. State, COCA Case No. RE-2010-304 (December 1, 2011)
(Revocation/Acceleration; Sentence, Excessive) Trial court ordered revocation to be served day-for-day (one calendar year), which exceeded the trial courtís authority in revocation proceedings.

Wabaunsee, Gregory Davis v. State, COCA Case No. C-2010-940 (December 7, 2011)
(Guilty Plea Decision; Double Jeopardy/Double Punishment; Sentence, Excessive) Under the particular facts of this case Felon in Possession of Firearm and Possession of Firearm During Felony constituted double punishment.
 

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

Ceasar, Torrez v. State, COCA Case No. F-2010-558 (November 14, 2011)
(Evidence, Sufficiency; Sentence, Excessive) Conviction for Possession CDS with Intent modified to Possession. State urged that quantity of drugs alone could support element of intent to distribute; majority disagreed. Absent any other evidence of intent to distribute, conviction had to be modified.

Earsley, Dwan Marie v. State, COCA Case No. F-2010-572 (November 17, 2011)
(Revocation/Acceleration; Restitution) Acceleration reversed because State did not prove failure to pay restitution was wilful.

Gallaway, Ronald Dean v. State, COCA Case No. M-2009-1146 (November 18, 2011)
(Sentence, Excessive) Trial court did not include recommended treatment options in sentencing as required by Section 761(D). Remanded for resentencing.

 

October 2011

Alexander, Jacquelin Clariece v. State, COCA Case No. RE-2010-457 (October 21, 2011)
(Revocation/Acceleration; Sentence, Excessive) Trial court lost jurisdiction to revoke sentence in Count 2 because sentence had expired before the State filed the application to revoke.

Aranda, Joel Christion. v. State, COCA Case No. S-2011-0024 (October 17, 2011)
(State Appeals) State appealed magistrateís ruling sustaining demurrers to 6 counts. Magistrateís ruling was upheld by the district court. State failed to show an abuse of discretion.

B.J.S. v. State, COCA Case No. J-2011-0475 (October 25, 2011)
(Juvenile Adjudication/Certification) Stateís failure to appeal certification of client as juvenile cannot be circumvented by dismissing the juvenile action and refiling as an adult/YO case.

Budder, Keighton Jon v. State, COCA Case No. F-2010-555 (October 24, 2011)
(Sentence, Excessive) Error to sentence a juvenile to life without parole for non-homicidal crimes. Counts for First Degree Rape modified to life.

Franco, David v. State, COCA Case No. S-2011-0023 (October 17, 2011)
(State Appeals) State appealed magistrateís ruling sustaining demurrers to 2 counts of using vehicle in discharge of weapon. Magistrateís ruling was upheld by the district court. State failed to show an abuse of discretion.

J.F. v. State, COCA Case No. J-2011-514 (October 12, 2011)
(Juvenile Adjudication/Certification) Defendant certified as a juvenile and the State appealed. "After the State failed to appear at oral argument"...the case was decided on the briefs, and the certification was upheld.

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

Payne, Darius Darrell v. State, COCA Case No. F-2010-131 (October 21, 2011)
(Sentence, Enhancement; Sentence, Excessive; Evidence, Other Crimes; Jury Instructions, Other) Remanded for resentencing on two counts, including trafficking (LWOP) and marijuana - second offense to improper instructions regarding finding of prior drug-related offenses for purposes of enhancement. Also, misdemeanor paraphernalia modified from one year to three months because jury improperly exposed to defendantís priors before sentencing on the misdemeanor.

R.J.T. v. State, COCA Case No. J-2011-394 (October 28, 2011)
(Juvenile Adjudication/Certification) State appealed certification of youth as a juvenile, rather than youthful offender, on arson charges.  No abuse of discretion found; ruling for youth to be prosecuted as a juvenile affirmed. 

Royal, Sheila Diane v. State, COCA Case No. F-2010-99 (October 21, 2011)
(Sentence, Enhancement; Sentence, Excessive; Evidence, Other Crimes; Jury Instructions, Other) Sentence for possession of paraphernalia modified because sentencing occurred after second stage enhancement for the felony counts; misdemeanor was not subject to enhancement.

Scoby, Edwin Leroy v. State, COCA Case No. F-2010-307 (October 14, 2011)
(Sentence, Enhancement; Sentence, Excessive; Evidence, Other Crimes) Non-capital murder case remanded for resentencing because State improperly enhanced with prior convictions.

Smith, Donnell Devon v. State, COCA Case No. C-2010-1179 (October 6, 2011)
(Guilty Plea Decisions; Sentence, Excessive) Sentence imposed was greater than the maximum allowed by statute. Modified.

 

September 2011

Caswell, Janice D. v. State, COCA Case No. C-2010-1139 (September 23, 2011)
(Guilty Plea Decisions) Trial court failed to conduct hearing on the application to withdraw plea. Remanded for evidentiary hearing.

Chance, Lonnie Sie v. State, COCA Case No. F-2010-1123 (September 23, 2011)
(Fines, Fees and Costs; Prosecutorial Misconduct; Sentencing, Excessive; Evidence, Other Crimes) Error in the introduction of prior J&S and "pen pack" with improper references to pardon and parole combined with prosecutorís 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 Courtís order denying motion for certification as a juvenile was an abuse of discretion where substantial evidence supported K.T.L.ís 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 courtís 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 courtís 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) Defendantís 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. Prosecutorís 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 Stateís witness as a reward for testifying. AG did not dispute the trial courtís 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 juryís 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 defendantís 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 Appellantís 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 courtís 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) Prosecutorís 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 Stateís 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 prosecutorís closing argument, which "improperly and unmistakably called to the juryís 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. ß 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 Courtís 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 statuteís favoring of juvenile retention." District Court order sustaining Stateís 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; Stateís 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 motoristís 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 Gatewoodís 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 residentís pickup while eluding officer. This was not res gestae to charged offense and held little, if any relevance, but "simply established Appellantís 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: defendantís prior suspended sentence and Stateís 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 clientís 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 victimís 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) Magistrateís ruling suppressing evidence was final and State did not timely appeal the ruling. District Courtís 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 courtís imposition of fine for each count was vacated, because defendant was not advised of fine possibility as part of the negotiated plea.

Simmons, Kenneth v. State, COCA Case No. F-2009-47 (February 25, 2010)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Failure to instruct on 85% Rule in Manslaughter, 1st Degree, required remand for resentencing.

Smith, James Dion v. State, COCA Case No. F-2008-786 (February 18, 2010)
(Revocation/Acceleration Decisions) Acceleration of sentence was based upon an act committed after the term of deferred sentence had expired. Reversed to dismiss.

Taylor, Allen James v. State, COCA Case No. F-2008-824 (February 22, 2010)
(Revocation/Acceleration Decisions; Drug Court) Error for District Court to order sentences after Drug Court Termination to run consecutively when the original sentence imposed ordered the sentences served concurrently.

Williams, Kory v. State, COCA Case No. C-2008-1183 (February 4, 2010)
(Guilty Plea Decisions) Confusion in the range of punishment (whether sentencing was as a first offender or AFC) rendered plea not knowing and voluntary. Certiorari granted.

 

January 2010

Baker, Mitchell Dewayne v. State, COCA Case No. F-2008-1087 (January 27, 2010)
(Restitution) Restitution order vacated and remanded for proper determination.

Frierson, Sedrick v. State, COCA Case No. RE-2008-1001 (January 6, 2010)
(Sentencing) Remanded for correction order to state that the balance of the term of suspended sentences is to be unsupervised. Oral pronouncement governs over erroneous written order.

Murray, William Jackson v. State, COCA Case No. C-2009-89 (January 8, 2010)
(Guilty Plea Decisions; Due Process) Hearing on Motion to Withdraw Plea is mandatory. Remanded for hearing.

Robinson, Lee Otis Jr. v. State, COCA Case No. C-2009-317 (January 11, 2010)
(Guilty Plea Decisions; Due Process) Actual conflict existed between client and counsel at the Motion to Withdraw Plea Hearing because counsel became a witness adverse to her client. Remanded for a new hearing on the Motion to Withdraw Plea.

State v. Trask, Heather Renee, COCA Case No. S-2009-363 (January 26, 2010)
(State Appeals) District court order limiting prosecution theory affirmed. Trask was charged with alternate theories of child abuse murder and/or permitting child abuse. Husband already convicted under Stateís 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 defendantís detention beyond the traffic stop. Trial courtís 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) Stateís exhibit included unredacted certified copy showing prior suspended sentence had been revoked in full. Admission of the exhibit was plain error, compounded by prosecutorís inquiry on cross examination of Appellant. Also, prosecutorís 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. Stateís 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 courtís 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 courtís 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 clientís 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 courtís 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 Stateís 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 Courtís 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 counselís 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 courtís 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 courtís suppression of results of DUI blood test affirmed because it was not done pursuant to statutory provisions. State appeal failed to show that suppressed evidence formed a substantial part of the proof of case against defendant for negligent homicide.

Bryant, Gregory Lynn v. State, COCA Case No. F-2007-438 (August 22, 2008)
(Fines, Fees and Costs; Jury Instructions, Misleading/Confusing) Fine vacated because jury was misinstructed that the fine was mandatory, not optional. Incarceration fees should not have been assessed because client was incarcerated for another offense, not the charge in this case, while awaiting trial.

Clonch, Michael Gary v. State, COCA Case No. S-2007-668 (August 1, 2008)
(State Appeals) Motion to dismiss granted for lack of speedy trial affirmed.

Conroy, Michael Ralph v. State, COCA Case No. F-2006-1282 (August 21, 2008)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Failure to instruct on 85% rule required new sentencing hearing.

Gessel, Shaun Lee v. State, COCA Case No. RE-2007-0484 (August 1, 2008)
(Sentence, Excessive; Revocation/Acceleration Decisions) Revocation order improperly directed sentences originally concurrent to run consecutive.

 

July 2008

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

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

Sanders, Barbara Denise v. State, COCA Case No. RE-2007-850 (July 18, 2008)
(Revocation/ Acceleration; Due Process) Application to revoke not filed in time to invoke District Courtís jurisdiction. Revocation order reversed with instructions to dismiss.

 

June 2008

Cox, Juston Dean v. State, COCA Case No. RE-2006-0482 (June 23, 2008)
(Revocation/Acceleration; Sentence, Excessive) Sentences originally concurrent, but revoked to be served consecutively. Remanded with directions to be served as originally ordered.

Cruz, Jamie v. State, COCA Case No. F-2007-200 (June 5, 2008)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Failure to properly instruct on range of punishment is plain error warranting relief. Court found that Section 1123 controlled over Section 51.1. Remanded for resentencing.

Durant, Kevin Wayne v. State, COCA Case No. RE-2007-323 (June 25, 2008)
(Revocation/Acceleration; Sentence, Excessive; Evidence, Sufficiency) Insufficiency of the evidence presented at trial on new case precluded a finding that suspended sentence should be revoked.

Reid, Shawn Dion v. State, COCA Case No. F-2007-346 (June 5, 2008)
(Drug Court; Sentence, Excessive) Defendant sentenced on five counts in Drug Court Termination, where three counts had been dismissed prior to entry to Drug Court. Three counts dismissed.

Shelton, Ronnie Ray v. State, COCA Case No. RE-2006-1312 (June 5, 2008)
(Revocation/Accelerations; Sentence, Excessive) Trial court clerical error indicated a seven year suspended sentence to be revoked, when only three years were suspended.

Terry, Keyion Kaseen v. State, COCA Case No. F-2007-432 (June 17, 2008)
(Due Process) Trial court originally granted a motion to quash the information, but then reconsidered and reinstated the charge upon which defendant was convicted. Trial court lost jurisdiction over the charge once the motion to quash was granted, and only way for prosecution to be reinstated was for State to appeal, or for a new charge to be filed. Reversed with instructions to dismiss.


May 2008

Davis, Kevin v. State, COCA Case No. RE-2007-378 (May 15, 2008)
(Revocation/Acceleration Decisions) Revocation reversed with instructions to dismiss because probationary term expired before application to revoke was filed.

Harris, Brandon Donell v. State, COCA Case No. F-2007-381 (May 15, 2008)
(Jury Instructions, Misleading/Confusing) Count of Lewd or Indecent Proposal to Minor reversed with instructions to dismiss. Misinstruction of jury led to erroneous conviction.

Hightower, Corey Antwonne v. State, COCA Case No. F-2007-102 (May 16, 2008)
(Evidence, Other Crimes; Jury Instructions, Misleading/Confusing) Failure to give limiting instructions on other crimes evidence amounted to plain error. One count reversed and remanded for new trial.

Inuwa, Aminu Zegariah Tijuani v. State, COCA Case No. C-2007-968 (May 15, 2008)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Remanded for new hearing on Application to Withdraw Plea, due to conflict of interest between attorney and client at original hearing.

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

Mullins, Rayshun Carlie v. State, COCA Case No. C-2006-1154 (May 28, 2008)
(Sentence, Excessive) Certiorari granted on 20 of 21 counts because Petitioner was not told that he would have to serve 85% of sentences, even though issue was not raised in motion to withdraw guilty plea.

L.M.P. v. State, COCA Case No. J-2008-02 (May 6, 2008)
(Youthful Offender) Trial court erred in ordering youth to stand trial as adult for Murder I; she demonstrated by preponderance of evidence at trial court that she should be treated as a youthful offender.

Robison, Bill Neal II v. State, COCA Case No. F-2006-443 (May 15, 2008)
(Evidence, General) DUI reversed and remanded for new trial because blood test results were admitted without evidence that test was conducted in accordance with statutory guidelines.

Smith, Sean Ray v. State, COCA Case No. F-2007-543 (May 22, 2008)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Sentence modified due to failure to properly instruct on the 85 percent issue.

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


April 2008

Bennett, Robert Carl v. State, COCA Case No. S-2007-885 (April 29, 2008)
(Evidence, General) State Appeal. Magistrateís ruling sustaining a demurrer at preliminary hearing affirmed.

Gibson, Curtis Dale v. State, COCA Case No. F-2006-905 (April 10, 2008)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Trial courtís failure to instruct on the statutory 85% limit on parole eligibility was plain error. Remanded for resentencing.

McCormick, Robert Claude v. State, COCA Case No. F-2007-165 (April 29, 2008)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Error in instruction did not contribute to verdict, but could have contributed to sentence. Life sentences modified to run concurrently instead of consecutively.

Porter, Nyesha Marie v. State, COCA Case No. RE-2006-1308 (April 25, 2008)
(Sentence, Excessive; Revocation/Acceleration) Trial court was without jurisdiction to revoke because the probationary term had expired without the filing of an application to revoke.

 

March 2008

Carpenter, Jeffrey Leroy v. State, COCA Case No. RE-2006-1322 (March 18, 2008)
(Youthful Offender; Sentence, Excessive) Appellant charged as a Youthful Offender but sentenced as an adult. Failure to sentence as a Youthful Offender was plain error and constituted an illegal sentence. Remanded with instructions to vacate because defendant was too old to be treated in the Youthful Offender programs and because jeopardy had attached.

Ferrante, Riccardo Gino v. State, COCA Case No. S-2007-31 (March 7, 2008)
(Statutory Construction) Court affirms district court ruling granting motion to quash. Defendant charged with peeping tom, for situating a camera under a customerís skirt at a discount store and taking photographs. Plain language of the statute did not contemplate the defendantís conduct, and Court finds it is not the province of the court to enlarge the scope of the statute.

Jinks, Jeffrey L. v. State, COCA Case No. C-2007-829 (March 13, 2008)
(Guilty Plea Decision; Sentence, Excessive) Client had no prior record but had mental health issues. Sentence "shocked the conscience of the court."

Jones, Robert Larue v. State, COCA Case No. F-2006-1339 (March 27, 2008)
(Jury Instructions; Other) Trial court failed to instruct on alibi defense on basis that only evidence of alibi was the defendantís testimony. Reversed and remanded for new trial.

Shaw, Inez Lee v. State, COCA Case No. C-2007-717 (March 31, 2008)
(Guilty Plea Decision; Sentence, Excessive) Sentences for Knowingly Concealing Stolen Property modified because sentences exceeded statutory maximum.


February 2008

Bray, Derlon Antwon v. State, COCA Case No. RE-2007-0517 (February 4, 2008)
(Sentence, Excessive) Sentence revoked exceeded the original sentence imposed.

Campbell, Patricia v. State, COCA Case No. SR-2007-134 (February 21, 2008)
(Statutory Construction) Child neglect statute then in effect required proof of all listed types of neglect. Trial court can accept plea to lesser offense over the Stateís objection.

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

Free, Anthony Paul v. State, COCA Case No. F-2006-1086 (February 25, 2008)
(Evidence, Other Crimes) Reversed and remanded for new trial due to other crimes evidence that lacked visible connection to the charged offense.

Hampton, Aaron Perry v. State, COCA Case No. C-2007-554 (February 13, 2008)
(Sentence, Excessive) Remanded for all sentences ordered to be served concurrently.

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

Simmons, Christopher A. v. State, COCA Case No. C-2007-50 (February 14, 2008)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Conflict between counsel and client at evidentiary hearing. Remanded for new hearing on Motion to Withdraw Plea.

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

 

January 2008

Cleveland, Fredrick Demon v. State, COCA Case No. F-2007-58 (January 11, 2008)
(Double Jeopardy/ Double Punishment) Possession of both cocaine base and marijuana within a single container, constituted a single act of possession. One count reversed with instructions to dismiss.

Flowers, Andruss Lee v. State, COCA Case No. F-2006-1242 (January 15, 2008)
(Evidence, Sufficiency; Sentence, Excessive) Evidence of drug quantity possessed insufficient to support trafficking. Conviction modified to lesser offense of Possession with Intent to Distribute. Sentence modified.

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

Schwab, Robert Eugene v. State, COCA Case No. M-2007-192 (January 14, 2008)
(Information, Defective; Jury Instructions/ Lesser Offenses) Defendant was charged with transmitting a threatening letter, but jury found him guilty of lesser offense of Threatening by Telephone or Electronic Device. Lesser offense was not a crime at the time the e-mail in question was sent. Conviction barred by ex post facto principles. Reversed with instructions to dismiss.

 

December 2007

Carter, Marcus D. v. State
,
COCA Case No. C-2007-821 (December 7, 2007)
(Guilty Plea Decisions) Attorney who advised plea also appeared at Motion to Withdraw Plea hearing despite claim of ineffective assistance of counsel. Remanded for hearing with conflict-free counsel.

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

Izon, Cynthia Fern v. State, COCA Case No. F-2006-648 (December 19, 2007)
(Jury Instructions, Misleading/ Confusing) Jury erroneously instructed on range of punishment. Sentence modified.

Martin, Victor Allen v. State, COCA Case No. F-2007-269 (December 4, 2007)
(Evidence, Sufficiency) Conviction for Possession of CDS (Methamphetamine) dismissed because state failed to prove quantity possessed required a tax stamp.

Okyere, Jaumon Mondell v. State, COCA Case No. F-2006-1055 (December 17, 2007)
(Jury Instructions, Misleading/ Confusing) Child neglect count reversed with instructions to dismiss for failure to instruct on disputed element of the offense.

Strickland, Lyle Wayne v. State, COCA Case No. F-2007-66 (December 3, 2007)
(Double Jeopardy/ Double Punishment) Convictions for running a roadblock and eluding police officer violate prohibition against multiple punishment. Eluding count dismissed.

 

November 2007

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

Kingery, Earnest Ray Jr. v. State, COCA Case No. F-2006-1015 (November 27, 2007)
(Evidence, Other Crimes; Prosecutorial Misconduct) Defendant charged with one rape, but State presented evidence of additional offense. The combined weight of testimony and argument regarding the uncharged conduct resulted in modified sentence.

Mach, Manh Michael v. State, COCA Case No. F-2006-538 (November 15, 2007)
(Evidence, Sufficiency; Double Jeopardy/Double Punishment) One conviction reversed because State failed to present evidence of it at preliminary hearing. Two of three Possession of CDS with intent convictions dismissed because they violated prohibition against multiple punishments for the same offense.

McFarland, Todd Wayne v. State, COCA Case No. F-2006-17 (November 14, 2007)
(Prosecutorial Misconduct; Jury Instructions, Misleading/Confusing) Sentence modified to vacate fine due to improper prosecutorial argument and erroneous instruction which indicated a fine was mandatory.


October 2007

Airehart, Jeffrey v. State, COCA Case No. F-2006-850 (October 19, 2007)
(Drug Court; Sentence, Excessive) Termination from Drug Court based on violations for which Appellant had been previously sanctioned was improper. Appellant ordered reinstated into Drug Court.

Ellis, Bobby M. v. State, COCA Case No. F-2006-826 (October 12, 2007)
(Double Jeopardy/Double Punishment) Two counts of Preparing Child Pornography for a single videotape violated prohibition against double jeopardy. One count vacated with instructions to dismiss.

Hurst, Anthony Marnette v. State, COCA Case No. F-2006-191 (October 10, 2007)
(Sentence, Excessive; Jury Instructions, Other) Jury should have been instructed on applicability of 85% rule. Remanded for re-sentencing.

Horn, Russell Wayne, Jr. v. State, COCA Case No. F-2006-736 (October 15, 2007)
(Search and Seizure) Police had search warrant for apartment but not for car and searched car anyway. LWOP sentence for trafficking reversed and remanded for new trial; conviction for possession of cocaine reversed with instructions to dismiss.

Seely, Don Edward v. State, COCA Case No. F-2005-640 (October 17, 2007)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Jury misinstructed on range of punishment. Sentence modified.

Terrell, Charles v. State, COCA Case No. F-2006-348 (October 12, 2007)
(Evidence, Other Crimes; Sentence, Excessive) Appellant given maximum sentence due to inflammatory nature of the improper other crimes evidence. Lewd molestation conviction affirmed, but sentence modified from 20 years to 10 years.

Whitworth, Johnny Lee v. State, COCA Case No. F-2006-408 (October 17, 2007)
(Sentence, Excessive; Jury Instructions, Other) Jury should have been instructed on applicability of 85% rule. Sentence modified.


September 2007

Gibson, Delbert L. v. State, COCA Case No. F-2006-854 (September 13, 2007)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Jury was misinstructed that it was obligated to return an LWOP sentence if it found both prior convictions existed. Sentence modified.

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

Ryan, Alfred Gene v. State, COCA Case No. F-2005-649 (September 7, 2007)
(Sentence, Excessive; Evidence, Other Crimes) Jury should have been instructed on applicability of 85% rule, even though trial occurred prior to Courtís published decision in Anderson. Improper other crimes evidence was admitted. Accumulated errors make sentence modification appropriate.

Wakefield, Terry Dewayne v. State, COCA Case No. F-2006-1095 (September 11, 2007)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) Jury was not instructed on proper range of punishment. Sentence modified.


August 2007

Coronado, Serapio Penny v. State, COCA Case No. F-2006-669 (August 29, 2007)
(Restitution) Evidence not offered at trial to determine value of damages. Remanded with instructions for a proper determination of restitution.

Countryman, Steven Dale v. State, COCA Case No. F-2006-341 (August 7, 2007)
(Ineffective Assistance of Counsel) Trial counsel ineffective for failing to communicate plea offers to Defendant. Sentences modified.

Mills, Alfred Junior v. State, COCA Case No. F-2004-935 (August 27, 2007)
(Sentence, Excessive; Jury Instructions, Other) Jury should have been instructed on applicability of 85% rule, even though trial occurred prior to Courtís published decision in Anderson. Sentence modified on Petition for Rehearing.


July 2007

Nicholson, Jeremy Dion v. State, COCA Case No. M-2006-370 (July 18, 2007)
Double Jeopardy/ Double Punishment) Five of six counts of contempt of court reversed and remanded with instructions to dismiss.

Schulze, Michael Wayne v. State, COCA Case No. F-2006-896 (July 19, 2007)
(Fines, Fees and Costs; Jury Instructions, Misleading/Confusing; ) Fines vacated on two counts due to improper instruction that implied jury must impose a fine. Error also found in misinstruction as to the maximum sentence.

Smith, Steven Lynn v. State, COCA Case No. F-2005-716 (July 3, 2007)
(Evidence, Other Crimes) Lewd Molestation LWOP case, reversed and remanded for new trial because evidence of other crimes was improper because it failed to show nexus between prior crime and the case on trial, and the proof of prior offense was not clear and convincing.

Vega, Gilbert Jr. v. State, COCA Case No. F-2006-110 (July 19, 2007)
(Sentence, Excessive; Jury Instructions, Other) First degree felony murder, LWOP, reversed and remanded for resentencing because jury should have been instructed on applicability of 85% rule, even though trial occurred prior to Courtís published decision in Anderson.

 

June 2007

Bowie, Andrew Deon v. State, COCA Case No. C-2006-1110 (June 19, 2007)
(Guilty Plea Decisions) Certiorari granted and remanded for appointment of new counsel because trial court failed to appoint conflict-free counsel for motion to withdraw plea hearing.

Bryant, Chaundra Denice v. State, COCA Case No. RE-2006-246 (June 19, 2007)
(Revocation/Acceleration Decisions) Order reversing revocation of suspended sentence because sentence lapsed prior to the filing of the Application to Revoke.

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

Covey, Hazel M. v. State, COCA Case No. RE-2006-0808 (June 26, 2007)
(Revocation/Acceleration Decisions) Appellant erroneously forced to represent herself at the revocation hearing without a valid waiver of counsel.

Duenas-Flores, Victor Alfonso v. State, COCA Case No. C-2005-1 (June 28, 2007)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Guilty plea vacated because of violation of Mexican nationalís rights under the Vienna Convention (to contact and seek help from Consulate).

Harris, Brian Daron v. State, COCA Case No. C-2006-1079 (June 26, 2007)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Remanded for new a new hearing on motion to withdraw plea. Petitionerís attorney failed to appear at previous hearing.

Moore, Beverly Michelle v. State, COCA Case No. F-2006-63 (June 11, 2007)
(Sentence, Excessive) Sentence for Murder, I modified from LWOP to Life based on failure to instruct regarding the 85% rule.

Richardson, Robert Earl v. State, COCA Case No. C-2006-649 (June 21, 2007)
(Guilty Plea Decisions) Without evidence that defendant was advised of the 85% rule, he must be allowed to withdraw his guilty plea.

 

May 2007

Bales, Roy Carl Jr. v. State, COCA Case No. F-2006-780 (May 23, 2007)
(Jury Instructions, Misleading/Confusing; Sentence, Excessive) Sentence for Unauthorized Use of Vehicle modified from 6 to 3 years because jury was incorrectly instructed on the range of punishment.

Caves, Peggy L. v. State, COCA Case No. F-2006-301 (May 10, 2007)
(Prosecutorial Misconduct) Judgment affirmed, however fine modified due to improper testimony regarding a related civil suit, and because of prosecutorís appeal to juror sympathy.

Colley, Pamela Dee v. State, COCA Case No. F-2005-1146 (May 18, 2007)
(Double Jeopardy/ Double Punishment) Possession of marijuana merged with the count of trafficking methamphetamine.

Fourkiller, Chad D. v. State, COCA Case No. C-2006-1192 (May 8, 2007)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Actual conflict of interest created when counsel testified against his client that the motion to withdraw hearing (where he also "represented" client).

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

Monroe, Jerome v. State, COCA Case No. F-2006-352 (May 7, 2007)
(Sentence, Excessive) Jury should have been instructed on 85% rule. Reversed and remanded for resentencing.

Peace, Robert Lee v. State, COCA Case No. F-2005-1145 (May 3, 2007)
(Ineffective Assistance of Counsel) Court finds "no reasonable trial strategy in defense counselís failure to claim that Appellantís prior felony convictions, occurring against the same victims on the same day in the same county of Arkansas, were transactional." Sentence modified from 35 years to 25 years.

Thompson, Gregory Scott v. State, COCA Case No. F-2006-68 (May 22, 2007)
(Prosecutorial Misconduct; Sentence, Excessive) Murder I sentence modified from LWOP to Life because trial court erred in bifurcating Murder I trial and allowing State to present prior convictions. Also, jury should have been instructed on 85% rule.

Watts, Larry Roger v. State, COCA Case No. F-2005-963 (May 25, 2007)
(Evidence, Sufficiency; Sentence, Excessive) Conviction for "drive-by shooting" modified to felony Malicious Injury to Property and sentence modified. Drive-by shooting statute is directed toward people, not property.

White, Marvin Royston v. State, COCA Case No. F-2005-110 (May 11, 2007)
(Jury Instructions, Other) Plain error found in failure to give involuntary intoxication instruction, where defendant testified he did not know alcohol content in over-the-counter medication. DUI Manslaughter conviction reversed and remanded for new trial.

Wilkerson, Dustin Lee v. State, COCA Case No. C-2006-863 (May 17, 2007)
(Fines, Fees and Costs) Trial court improperly imposed a $10,000 fine in place of restitution. Fine vacated.


April 2007

Blythe, Doyle v. State, COCA Case No. M-2006-555 (April 12, 2007)
(Jury Instructions, Theory of Defense) Defendant is entitled to have theory of defense set forth in instruction to jury, where there is evidence to support it and the theory is tenable as a matter of law. Even if it is discredited and wholly self serving. Remanded for new trial.

Brockelsby, Rudy Leon v. State, COCA Case No. RE-2006-0260 (April 12, 2007)
(Revocation/Accelerations; Sentence, Excessive) Time initially served, and time served as an "intermediate sanction" must be deducted from the original suspended sentence. Sentence must credit for all time served during the period of the suspended sentence.

Dinkins, Raynard Emory v. State, COCA Case No. RE-2006-180 (April 23, 2007)
(Revocation/Accelerations; Sentence, Excessive) Trial court erred in specifically excluding credit for time previously served under the sentence. Sentence modified.

Franklin, Gordon Fife v. State, COCA Case No. F-2005-228 (April 5, 2007)
(Evidence, Sufficiency; Sentence, Excessive) Conviction for Cruelty to Animals reversed with instructions to dismiss. Evidence insufficient to show animal was "cruelly" injured or suffered a high degree of pain. Excessive sentences for other offenses modified; too much information regarding prior convictions.

Graham, David Michael v. State, COCA Case No. F-2006-429 (April 23, 2007)
(Restitution; Sentence, Excessive) Restitution orders were not supported by any evidence. Jury should have been instructed on 85% rule. Sentence modified.

Owen, Timmy Eugene v. State, COCA Case No. F-2006-598 (April 13, 2007)
(Sentence, Excessive; Prosecutorial Misconduct) State improperly questioned defendant about specific allegations regarding offenses for which he was imprisoned when he escaped. Sentences reversed and remanded.

 

March 2007

Brown, Marlin Virgil Jr. v. State, COCA Case No. F-2006-113 (March 28, 2007)
(Double Jeopardy/Double Punishment) Possession of two distinct types of drugs in a single container is a single act. One count reversed with instructions to dismiss.

Davis, Tamara Marine v. State, COCA Case No. F-2005-1193 (March 27, 2007)
(Sentence, Excessive) Sentence modified for Accessory to Murder under the "shock the conscience" standard.

Fields, Charles Arnold v. State, COCA Case No. F-2005-1094 (March 28, 2007)
(Pro Se) Error when trial court failed to advise of dangers of proceeding pro se, when defendant fired counsel on day of trial. Reversed and remanded for new trial.

Gardner, Isaac v. State, COCA Case No. F-2005-1161 (March 15, 2007)
(Sentence, Excessive) Sentence modified under Anderson rule requiring instruction on the 85 percent rule.

Griffith, Timothy v. State, COCA Case No. F-2005-911 (March 21, 2007)
(Due Process; Jury Instructions, Theory of Defense) Appellant denied due process of law by trial courtís erroneous exclusion of evidence and jury instruction regarding theory of defense to the allegations. One count attempted rape, reversed with instructions to dismiss.

Gessel, Shaun Lee v. State, COCA Case No. RE-2006-262 (March 21, 2007)
(Revocation/Acceleration Decisions) Revocation ordered on the basis not alleged, or inadequately alleged, in the application.

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

LeFlore, Tuydale Eugene v. State, COCA Case No. F-2006-114 (March 8, 2007)
(Sentence, Excessive) Sentence modified under Anderson rule requiring instruction on the 85 percent rule.

Rinker, Ricky Allen v. State, COCA Case No. C-2005-608 (March 12, 2007)
(Guilty Plea Decisions; Sentence, Excessive) Order Withdrawing Previous Opinion, granting certiorari. Plea not entered knowingly and voluntarily when not informed of 85% rule.

 

February 2007

Brown, David Jeffrey v. State, COCA Case No. PC-2006-0638 (February 28, 2007)
(Ineffective Assistance of Counsel) Post Conviction relief granted on basis of IAC. Same attorney handled trial and appeal, new counsel handled post conviction proceedings. Remanded for new trial.

Dahl, Earl Andrew Jr. v. State, COCA Case No. F-2005-1282 (February 6, 2007)
(Sentence, Excessive) Remanded for resentencing under Anderson rule requiring instruction on the 85 percent rule.

Sharp, Robert Carl v. State, COCA Case No. C-2006-571 (February 21, 2007)
(Guilty Plea Decisions) Petitioner not present at hearing on motion to withdraw plea. Record does not reflect a waiver, case remanded for new hearing.

Smith, Bonnie v. State, COCA Case No. F-2005-786 (February 14, 2007)
(Due Process; Sixth Amendment) Posting of bond presents rebuttable presumption of non-indigence, but record was insufficient to support trial courtís ruling that clients were not entitled to appointed counsel. Reversed and remanded for new trial.

Smith, Charles Milton Sr. v. State, COCA Case No. F-2005-785 (February 14, 2007)
(Due Process; Sixth Amendment) Posting of bond presents rebuttable presumption of non-indigence, but record was insufficient to support trial courtís ruling that clients were not entitled to appointed counsel. Reversed and remanded for new trial.

Williams, Tommy Lee v. State, COCA Case No. C-2006-497 (February 26, 2007)
(Guilty Plea Decisions; Sentence, Excessive) No contest plea to child abuse resulted in a Life sentence, with all but 30 years suspended, shocks conscience of the court. Sentence modified to 20 years.
 

January 2007

Dowdy, Emily Michelle v. State, COCA Case No. F-2004-427 (January 26, 2007)
(Evidence, General; Sentencing, Excessive) Error for trial court to admit prejudicial hearsay evidence. Sentence modified.

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

Thomas, Frank V. v. State, COCA Case No. RE-2005-1195 (January 4, 2007)
(Revocation/Acceleration) Extenuating circumstances warranted modification of three year revocation to one year.


December 2006

Cato, Percy Dewayne v. State, COCA Case No. F-2005-859 (December 8, 2006)
(Fines, Fees and Costs) Jury recommended $10 fine, judge imposed a $25 fine. Fine modified to $10 (error in opinion shows fine imposed as $10)

Davis, Robert Glenn v. State, COCA Case No. F-2005-901 (December 8, 2006)
(Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Sentence modified.

Hill, Michelle Emma v. State, COCA Case No. C-2006-286 (December 8, 2006)
(Guilty Plea Decisions) Certiorari granted because court deviated from plea agreement

Letterman, Jimmy Douglas v. State, COCA Case No. F-2005-987 (December 4, 2006)
(Double Jeopardy/ Double Punishment) Convictions for possession of marijuana and methamphetamine violate the constitutional prohibition against multiple punishments even though the illegal substances were found in separate caches. Count for marijuana possession dismissed.

Mackey, Alishia Faith v. State, COCA Case No. F-2005-58 (December 14, 2006)
(Double Jeopardy/ Double Punishment) Convictions for permitting child abuse and failure to report child abuse arose from same act, violating the double punishment prohibition. Failure to report count dismissed.

Phillips, Gary Lynn v. State, COCA Case No. F-2005-529 (December 18, 2006)
(Sentence, Excessive; Jury Instructions, Other) Considering the record as a whole, including the nature of the crime, Appellantís health, the arguments about remorse, the victim sympathy comment, jury notes, and the applicability of the 85% Rule under Anderson, the court finds the sentence excessive. Sentence modified from 50 years to 30 years and ordered to be served concurrently with other counts.

Ruff, Janet Marie v. State, COCA Case No. RE-2006-363 (December 8, 2006)
(Revocation/Acceleration Decisions) Sentence modified as excessive.

Short, Ryan Layne & Ortuno, Victor Suarez v. State, COCA Case No. S-2005-890 (Dec19, 2006)
(Search & Seizure) State appeal from order sustaining motions to suppress and quash, and dismissing cases against defendants (drugs). Court affirmed trial court.

Willeford, James G. v. State, COCA Case No. C-2006-693 (December 8, 2006)
(Guilty Plea Decisions) Court erred in failing to advise regarding the 85% Rule under Anderson at the time of the plea. Sentence modified.

Wright, Larry Eugene v. State, COCA Case No. F-2005-5577 (December 5, 2006)
(Prosecutorial Misconduct) One of four counts dismissed because prosecutor argued prior convictions as propensity for guilt. Second prosecutor improperly shifted burden of proof by arguing that to acquit, the jury had to believe everything the defendant said.

 

November 2006

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

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

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

Nelson, Misty Dawn v. State, COCA Case No. RE-2006-135 (November 14, 2006)
(Revocation/Acceleration Decisions; Sentence, Excessive) Reversed because revocation order extended sentence beyond original term of suspended sentence.

Terrill, Thomas v. State, COCA Case No. F-2005-527 (November 9, 2006)
(Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Sentence modified.

Wooden, Steven Antonio v. State, COCA Case No. F-2005-391 (November 1, 2006)
(Sentence, Abuse of Discretion; Sentence, Excessive; Jury Instructions, Other) Trial courtís refusal to exercise its discretion to consider imposition of concurrent sentences constituted an abuse of discretion. Sentence modified to twenty years and ordered served concurrently.

 

October 2006

Carr, Kendall Dewayne v. State, COCA Case No. F-2005-1150 (October 30, 2006)
(Jury Instructions, Other) Plain error for trial court to give a non-uniform "dynamite" instruction that failed to admonish jurors not to abandon their honestly held beliefs. Reversed and remanded for new trial.

Cheshire, Jesse Allen v. State, COCA Case No. F-2004-1229 (October 11, 2006)
(6th Amendment; Evidence, General) Admission of the non-testifying child victims hearsay statements through prosecution witnesses violated the Confrontation Clause. Reversed and remanded for new trial.

Dodson, Wesley Wayne v. State, COCA Case No. F-2005-97 (October 4, 2006)
(Due Process; 6th Amendment; Evidence, Vouching) Trial court erred in failing to excuse a biased juror for cause; and in not making specific findings regarding reliability of victimís hearsay statements under 2803.1. Witness impermissibly vouched for victims. Reversed and remanded for new trial.

Marks, Aaron Christopher v. State, COCA Case No. F-2005-684 (October 16, 2006)
(Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Sentence modified.

Merrick, Anthony Logan v. State, COCA Case No. F-2005-569 (October 19, 2006)
(Sentence, Excessive; Double Jeopardy/ Double Punishment) Multiple images contained on a single recording or disk do not necessarily support multiple counts of possession of child pornography. Two convictions sustained because there were two children involved in different images.

Moore, Daniel Allen v. State, COCA Case No. F-2004-1188 (October 19, 2006)
(Sentence, Excessive; Jury Instructions, Confusing/ Misleading) Remanded for resentencing where trial court failed to instruct on punishment range for murder.
 

September 2006

Davis, Jason Lee v. State, COCA Case No. M-2005-0404 (September 1, 2006)
(Pro Se) Convictions reversed and remanded for new trial for lack of a record that waiver of counsel was made knowingly and voluntarily.

Dinkins, Raynard Emory v. State, COCA Case No. S-2005-1250 (September 19, 2006)
(Search & Seizure) Court rejected the Stateís argument that the trial judge erred in granting the motion to suppress.

Mayes, Lawrence Lugineus v. State, COCA Case No. F-2005-737 (September 26, 2006)
(Sentence, Excessive; Due Process) Trial court should have informed jury, after a question arose during Second Stage Deliberations, that charge was an 85% crime. Sentence modified

Mitchell, Leroy Jr. v. State, COCA Case No. F-2005-874 (September 19, 2006)
(Sixth Amendment) Admission of testimonial hearsay violated right to confrontation. Reversed and remanded for new trial.

Nelson, Deon Lamar v. State, COCA Case No. F-2005-1096 (September 6, 2006)
(Evidence, General) Improper victim impact evidence regarding victimís injuries, prognosis, medical treatment, emotional state, and financial loss were irrelevant and resulted in an inflated sentence. Sentence modified.

VanWinkle, Ryan Anthony v. State, COCA Case No. F-2005-620 (September 22, 2006)
(Double Jeopardy/Double Punishment) Convictions for both assault and battery with a dangerous weapon and forcible sodomy violated double punishment statute. A&B count dismissed.

Willingham, Charles Anthony v. State, COCA Case No. F-2005-281 (September 15, 2006)
(Sentence, Excessive) Sentences ordered to run consecutively shocked the conscience of the court. Modified to run concurrently.


August 2006

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

Francis, Rollie Mack v. State, COCA Case No. F-2005-1176 (August 28, 2006)
(Jury Instructions, Misleading/Confusing) Error in instruction on range of punishment for one count required modification (from one year and a $500 fine, to just the $500 fine).

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

James, Kenneth Ray v. State, COCA Case No. F-2003-1421 (August 11, 2006)
(Prosecutorial Misconduct) Argument indicating jurors had a civic duty to find for the State was improper. No objection lodged, but sentence modified.

Kishore, Sundeep, COCA Case No. F-2005-659 (August 2, 2006)
(Restitution) Restitution order ($100,000) vacated and remanded for new hearing; State failed to file statutorily-required form, and amount of restitution was not determined to a reasonable degree of certainty.

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

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

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

Rawlins, Kenneth Lee v. State, COCA Case No. F-2004-866 (August 17, 2006)

Rawlins, Ricky Dale v. State, COCA Case No. F-2004-866 (August 17, 2006)
(Jury Instructions, Lesser Offenses) Over objection, the trial court improperly instructed the jury that the offense of assault and battery with a deadly weapon was a lesser included offense of shooting with intent to kill. Convictions for assault and battery with a deadly weapon reversed for new trial.

Richards, Brad Daniel v. State, COCA Case No. C-2005-1198 (August 14, 2006)
(Guilty Plea Decisions) Trial counselís conflict of interest adversely affected presentation of clientís factual and legal grounds at hearing on motion to withdraw plea. Reversed and remanded for new hearing on motion to withdraw.

Smith, Eric Evan v. State, COCA Case No. C-2005-1208 (August 11, 2006)
(Guilty Plea Decisions) Conflict of interest between client and counsel at hearing on motion to withdraw plea required reversal for new hearing on motion.

State v. Favors, DeAngelo, COCA Case No. S-2005-1067 (August 18, 2006)
(Evidence, General; Sixth Amendment) Because the defense was denied opportunity to fully confront victimís testimony at preliminary hearing, trial court properly precluded use of that prior recorded testimony at a later proceeding.

State v. Moyers, Larrie & Theresa, COCA Case No. S-2006-117 (August 29, 2006)
(Prosecutorial Misconduct) State appeal. Trial court dismissed new charges filed after judicial modification of sentence reached through plea bargain in the same case. Court found no abuse of discretion in trial courtís ruling that the filing of new charges was retaliatory, and affirmed.

State v. Roley, Michael Ray, COCA Case No. S-2005-702 (August 23, 2006)
(Evidence, General; Sixth Amendment) Read together, both the Oklahoma Constitution and Oklahoma statutes guarantee the accused the right of confrontation at preliminary hearing.

July 2006

Blades, Natalie v. State, COCA Case No. RE-2005-1032 (July 26, 2006)
(Sentence, Excessive; Revocations) Sentences originally ordered to be served concurrently, were revoked to be served consecutively. Remanded to run sentences concurrently.

Drew, William Earl v. State, COCA Case No. F-2005-651 (July 14, 2006)
(Sentence, Excessive; Jury Instructions, Other) Plain error occurred when trial court failed to instruct on the 85% rule. Sentences modified.

Duncan, Tony Neal v. State, COCA Case No. F-2005-320 (July 11, 2006)
(Sixth Amendment) Use of preliminary hearing transcript at trial, without showing that witness was unavailable, violated confrontation clause. Reversed for new trial.

Dunivan, Timothy Mark v. State, COCA Case No. F-2005-232 (July 25, 2006)
(Statute of Limitations) Two counts of physical child abuse reversed with instructions to dismiss because statute of limitations had expired prior to filing of charges.

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

Hubbard, Ronald Lavel v. State, COCA Case No. F-2005-392 (July 7, 2006)
(Sentence, Excessive) Trial court abused its discretion in choosing to run sentences consecutively. Sentences modified to be served concurrently.

Manders, Jeremy David v. State, COCA Case No. RE-2005-536 (July 19, 2006)
(Sentence, Excessive; Revocations) Record reflects stipulation to revocation was based upon representation that all time would be served concurrently. Trial court ordered some sentences to be served consecutively. Remanded so that the guilty plea to the revocation can be withdrawn, or for the district court to order the sentences be served concurrently.

Miller, Maurice Ladon v. State, COCA Case No. F-2005-603 (July 5, 2006)
(Evidence, General; Sixth Amendment) Trial court erred by excluding co-defendantís taped statement. The evidence was exculpatory and did not violate the corroboration clause, which protects the accused, not the State. Reversed and remanded for new trial.

Mintz, Saul E. v. State, COCA Case No. F-2005-1057 (July 11, 2006)
(Sentence, Excessive; Jury Instructions, Other) Plain error occurred when trial court failed to instruct on the 85% rule. Sentences modified.

Pettit, Rebecca R. v. State, COCA Case No. F-2005-468 (July 18, 2006)
(Pro Se; Due Process) No evidence that self-representation at trial was voluntary; appointed counsel removed after a finding that defendant was no longer indigent. Reversed and remanded for new trial.

Sanders, Keandre Lee v. State, COCA Case No. F-2005-597 (July 6, 2006)
(Sentence, Excessive; Jury Instructions, Other) Plain error occurred when trial court failed to instruct on the 85% rule. Sentences modified.

West, Harry Oliver v. State, COCA Case No. F-2005-700 (July 14, 2006)
(Jury Instructions, Misleading/Confusing) Trial courtís failure to instruct the jury on the definitions of the terms "driving under the influence" and "driving while impaired" is plain reversible error. Reversed and remanded for new trial.

Whitmore, Marion v. State, COCA Case No. F-2004-1283 (July 7, 2006)
(Prosecutorial Misconduct; Sentence, Excessive) Prosecutor drew improper inferences from defendantís failure to serve full sentences on prior convictions. Sentence modified.

June 2006

Allen, Desiray Jaibai v. State, COCA Case No. F-2005-471 (June 9, 2006)  
(Sentence, Excessive; Evidence, Other Crimes) Trial court committed plain error when it admitted evidence of other crimes included in exhibit with Judgment and Sentence, resulting in excessive sentence. Sentences modified.

Barnett, Bruce Morris v. State, COCA Case No. F-2005-357 (June 23, 2006) 
(Fines, Fees and Costs) District court erred by imposing a fine in excess of that permitted by law. Fine modified.

Burns, Emily v. State, COCA Case No. C-2005-311 (June 29, 2006)
(Sentence, Excessive) Twenty-five year sentence for armed robbery, without consideration of significant mitigating factors, shocked the conscience of the court. Sentence modified to ten years.

Carter, George Luther, III v. State, COCA Case No. F-2005-288 (June 30, 2006)
(Evidence, Other Crimes) Evidence of an unrelated allegation of sex crime should not have been admitted. Reversed and remanded for new trial.

Hammons, Justin Lynn v. State, COCA Case No. F-2004-1277 (June 29, 2006)  
(Jury Deliberations) Error occurred when trial court communicated with jury foreman rather than entire jury concerning question of unanimity requirement for a particular count. Count reversed under Title 22, Section 894.

Pierson, Deitric Bernard v. State, COCA Case No. F-2004-874 (June 21, 2006) 
(Sentence, Excessive; Jury Instructions, Other) Plain error occurred when trial court failed to instruct on the 85% rule. Life sentence modified to thirty years.

Ramos, Adan Jr. v. State, COCA Case No. F-2005-363 (June 16, 2006)  
(Due Process) Waiver of Jury trial not contained in record. Reversed and remanded for a new trial.

Richardson, Pat Lee v. State, COCA Case No. F-2005-362 (June 16, 2006)  (
Sentence, Excessive) Sentence imposed for Manslaughter, 1st degree, shocks the conscious of the court. Sentence modified.

Sinclair, Luke v. State, COCA Case No. F-2004-146 (June 8, 2006)  
(Prosecutorial Misconduct; Sentence, Excessive; Jury Instructions, Other) Jury improperly influence by Prosecutionís inflammatory argument. Jury should have been informed of 85% rule. Reversed and remanded for resentencing.

Szczepan, Edward Mark Jr. v. State, COCA Case No. F-2005-405 (June 21, 2006)
(Evidence, Sufficiency; Sentence, Excessive) State failed to prove prior convictions for enhancement at non-jury trial. Sentence modified to one year and $500 fine.

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

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

May 2006

Berntson, Chad Justin v. State, COCA Case No. C-2005-211 (May 9, 2006)
(Information, Defective) Sentence modified because applicable statute carried lower penalty than the statute charged.

Brazell, Reginald Lamond v. State, COCA Case No. F-2004-767 (May 23, 2006) (
Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Sentences modified.

Carroll, Bryan Matthew v. State, COCA Case No. F-2004-1182 (May 18, 2006) 
(Double Jeopardy/ Double Punishment; Sentence, Excessive; Jury Instructions, Misleading/Confusing) Convictions for Failure to stop at Stop Sign and Attempting to Elude violate statutory prohibition against double punishment. Evidence insufficient to show A&B with Dangerous Weapon because there was no evidence that Appellant had the required intent to do bodily harm. Mere possession of glass device with only the trooperís opinion it could be used for smoking drugs is insufficient. Counts reversed with instructions to dismiss. Jury not properly instructed on range of punishment for speeding, sentence modified.

Finley, Felix IV v. State, COCA Case No. F-2004-682 (May 1, 2006)  
(Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Remanded for resentencing.

Frost, Anthony Joseph v. State, COCA Case No. F-2004-1305 (May 18, 2006) (
Sentence, Excessive; Jury Deliberations) Jury was improperly influenced by information on prior offenses relating to time served vs. actual sentence. Sentence modified.

Harjo, Jonathan Dwight v. State, COCA Case No. F-2004-1261 (May 16, 2006)
(Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Sentences modified.

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

Johnson, Anthony Jerome v. State, COCA Case No. F-2004-1226 (May 1, 2006)
(Double Jeopardy/ Double Punishment) Convictions for eluding an officer and obstructing an officer arising from one act violate statutory prohibition against double punishment. Obstruction count reversed with instructions to dismiss.

Matthews, Kevin Paul v. State, COCA Case No. RE-2005-0315 (May 16, 2006)
(Sentence, Excessive) Order revoking two-year sentence vacated because sentence had already expired.

Nye, James Newton v. State, COCA Case No. F-2005-41 (May 22, 2006)
(Sentence, Excessive; Prosecutorial Misconduct) Modification required because sentence was excessive and because of prosecutorial misconduct - namecalling, arguing issues of parole, arguing "guilt by association", and improper bolstering. Sentence modified from 60 years to 20 years.

Ranney, Warren Leon v. State, COCA Case No. S-2005-840 (May 18, 2006)
(Due Process) State Appeal remanded to vacate order granting motions to dismiss and quash with instructions that when the district court rules again on the motions, that it provide some statement of the basis for the decision.

Wells, Matthew Ryan v. State, COCA Case No. S-2005-866 (May 31, 2006)
(Search and Seizure) Trial court did not abuse discretion in ordering evidence suppressed and sustaining defendantís motion to quash. (State Appeal)

Wymer, James Joseph v. State, COCA Case No. F-2005-814 (May 23, 2006)
(Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Sentences modified.

April 2006

Davidson, Peter Paul v. State, COCA Case No. RE-2005-0473 (April 20, 2006)  
(Due Process) Jurisdiction forfeited if fail to obtain waiver or hold hearing within 20 days of arraignment. Reversed and remanded.

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

Nielson, Elisa v. State, COCA Case No. C-2005-398 (April 13, 2006) 
(Guilty Plea Decisions) Petitioner should have been allowed to withdraw plea before sentencing when trial court chose not to follow plea agreement. Certiorari granted.

Mays, Jerry Lee v. State, COCA Case No. F-2005-422 (April 26, 2006) 
(Sentence, Excessive; Jury Instructions, Other) Court erred in failing to instruct on the 85% Rule under Anderson. Sentences modified.

Pebbles, Robert Scott v. State, COCA Case No. C-2005-524 (April 5, 2006) 
(Guilty Plea Decisions) Plea not knowing and voluntary when defendant is misadvised as to possible sentence. Certiorari granted.

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

Willis, Mario DíShane v. State, COCA Case No. F-2004-67 (April 6, 2006)   
(Ineffective Assistance of Counsel) Trial counsel failed to develop evidence available at trial indicating that the sole eyewitness misidentified Appellant. Judgment and Sentence reversed.

Wyles, Bobby Ray Jr. v. State, COCA Case No. RE-2005-355 (April 21, 2006) 
(Sentence, Excessive) Suspended sentences ordered originally to be served concurrently cannot be ordered to be served consecutively at subsequent revocation hearing.

March 2006

Dansby, Roscoe v. State, COCA Case No. C-2005-628 (March 15, 2006)  
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Defendant deprived of effective assistance of counsel at hearing on motion to withdraw plea hearing due to counselís conflict of interest. Remanded for a new hearing with instructions to appoint conflict-free counsel.

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

Gibbs, Franklin Lee, Jr. v. State, COCA Case No. F-2004-649 (March 9, 2006) 
(Jury Selection; Due Process; Prosecutorial Misconduct) Denial of statutory peremptories is structural error, not subject to harmless error review. Also, first degree murder cases cannot be enhanced under the habitual offender act. Reversed and remanded for new trial.

Johnson, Mark Wayne v. State, COCA Case No. F-2004-914 (March 28, 2006)   
(Ineffective Assistance of Counsel) Reversed for new trial based on trial counselís failure to hire appropriate experts, violation of in limine ruling, failure to make offers of proof and ensure proper record made of bench conferences, failure to provide authority to trial court and failure to properly cross-examine witness.

Jones, Ralph Emerson, Jr. v. State, COCA Case No. F-2005-619 (March 7, 2006)   
(Jury Selection; Due Process) Failure to afford defendant the statutorily-set 5 peremptories is a structural error, not subject to harmless error review. Reversed and remanded for new trial.

Martin, Solly Lee, Sr. v. State, COCA Case No. F-2004-816 (March 8, 2006)  
(Sentence, Excessive) Sentences modified to run concurrently due to improper victim impact evidence.

Matson, Keith William v. State, COCA Case No. F-2004-1124 (March 10, 2006)   
(Bench Trial; Ineffective Assistance of Counsel) Trial court committed reversible error when it deprived defendant of his right to a closing argument and when it pronounced verdict in defendantís absence. Trial counsel was ineffective for failing to protect clientís rights. Reversed and remanded for new trial.

Moore, Charles Edward, Jr. v. State, COCA Case No. F-2004-1081 (March 28, 2006)  
(Double Jeopardy/Double Punishment) Convictions for Possession of a Firearm, After Former Conviction of a Felony and Robbery with a Firearm violate a statutory prohibition against double punishment. Firearm charge dismissed.

Richardson, James S. v. State, COCA Case No. F-2004-389 (March 27, 2006)   
(Ineffective Assistance of Counsel) Trial counsel found ineffective for failing to discover and use exculpatory evidence. Reversed and remanded for new trial.

Stout, Billy D. v. State, COCA Case No. C-2005-493 (March 27, 2006) 
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Counsel ineffective in both plea and sentencing and motion to withdraw plea. No reasonable grounds given in motion to withdraw plea, even though there was no factual basis for the plea. Case remanded to allow defendant to withdraw plea.

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

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

February 2006

Armstrong, Michael Anton v. State, COCA Case No. F-2004-1106 (February 28, 2006) 
(Fines, Fees and Costs) Appellant improperly sentenced under combination of habitual offender statute and drug statute. Fine modified to maximum under habitual offender statute.

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

Cannon, II, William Paul and Kuenstler, Glen C. v. State, COCA Case No. S-2005-657  (February 8, 2006)                            
(Search and Seizure) Trial courtís suppression of evidence from illegal search affirmed.

Hogan, Darrell W. v. State, COCA Case No. F-2004-1266 (February 10, 2006)  
(Due Process) Due process violated when a defendant is denied a statutory right to nine peremptories. Reversed and remanded for new trial.

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

Kessee, John Fitzgerald v. State, COCA Case No. F-2004-989 (February 2, 2006) 
(Prosecutorial Misconduct; Sentence, Excessive) Plain error for prosecutor discuss length of prior sentences in relationship to the dates of convictions. Parole improperly considered during sentencing deliberations. Sentence modified.

Stevenson, Donald Eugene v. State, COCA Case No. F-2004-971 (February 6, 2006)  
(Sentence, Excessive) Plain error occurred in admission of exhibits detailing Appellantís prior convictions. Sentence modified.

Wren, Sheila Diane v. State, COCA Case No. RE-2004-1033 (February 28, 2006) 
(Revocation/Accelerations; Sentence, Excessive) Revocation order modified to reflect time previously served.

January 2006

Byrd, Kirk Douglas v. State, COCA Case No. F-2004-1080 (January 20, 2006)
(Sentence, Excessive; Jury Instructions, Misleading/Confusing) DUI sentence modified from 20 years to 10 years. Jury was misinstructed on the range of punishment.

Cheadle, Darrell Antonio v. State, COCA Case No. F-2004-1271 (January 11, 2006)
(Sentence, Excessive) A total of 6,000 years determined excessive.

Daniel, Alfonzo v. State, COCA Case No. F-2004-773 (January 22, 2006)
(Evidence, General) Trial court erred in admitting videotaped interview of Appellant already found to be inadmissible by Federal Court. Reversed and remanded for new trial.

D.N.H. v. State, COCA Case No. J-2005-1078 (January 26, 2006)  (Youthful Offender) Motion to sentence defendant as an adult was not heard before trial began, as required by statute. Remanded with instructions that defendant be sentenced as a youthful offender.

Golden, Ryan v. State, COCA Case No. F-2004-582 (January 10, 2006)
(Jury Selection) Failure to afford defendant in first degree murder case the statutorily-set 9 peremptories is a structural error, not subject to harmless error review. Reversed and remanded for new trial.

Graves, Arthur Gerald v. State, COCA Case No. F-2004-688 (January 20, 2006)
(Ineffective Assistance of Counsel) Trafficking conviction reversed and remanded for new trial. Counsel team worked at cross-purposes in law and argument.

Hargis, Jeff Leon v. State, COCA Case No. RE-2004-1015 (January 19, 2006)
(Revocation/Acceleration Decisions; Ineffective Assistance of Counsel) Appellant did not meet the statutory elements required and could not have committed Rape in the First Degree. Remanded with instructions to vacate and dismiss.

Pelican, William Allen, Jr. v. State, COCA Case No. C-2005-207 (January 19, 2006)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Trial judge created a conflict of interest by not appointing conflict-free counsel to conduct motion to withdraw plea hearing.

Tanner, Twyla v. State, COCA Case No. F-2004-410 (January 4, 2006)
(Sentence, Excessive) Based on the facts and circumstances of the case, the sentence of 45 years shocks the conscience of the Court. Defendant had permission to take car from a used car lot, and drive to the bank. Instead she drove the car until it ran out of gas. Car was recovered, undamaged, 20-25 miles from the car lot. Sentence modified to 20 years.

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

December 2005

Libera, Stephen Mark v. State, COCA Case No. C-2004-1017 (December 16, 2005)
(Guilty Plea Decisions) Plea was not knowingly and intelligently entered when Petitioner believed plea agreement was that the recommendation of the PSI would be followed regarding probation. Trial court abused discretion in denying the motion to withdraw plea when the court did not follow the recommendation of the PSI. Certiorari granted.

Lewis, Marion v. State, COCA Case No. F-2004-577 (December 22, 2005)
(Pro Se, Continuance) Trial Courtís refusal to grant a continuance deprived defendant, proceeding pro se, of the ability to call witnesses and to present a defense. Reversed and remanded for new trial.

McCubbin, Jonathan Andrew v. State, COCA Case No. C-2004-1108 (December 9, 2005)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Conflict between counsel and client resulted in client not having effective representation at evidentiary hearing. Remanded for new hearing on Motion to Withdraw Plea.

Milligan, Eddie Don v. State, COCA Case No. F-2003-1241 (December 23, 2005)
(Search & Seizure; Evidence) Helicopterís low fly-over of defendantís property violated reasonable expectation of privacy; evidence derived from subsequent search of property should have been suppressed.

Trammell, Stanley Norris v. State, COCA Case No. F-2004-1112 (December 16, 2005)
(Jury Instructions, Misleading / Confusing) Trial court erred in failing to give self-defense instructions in first degree murder case. Reversed and remanded for new trial.

Watkins, Timothy Mark v. State, COCA Case No. C-2004-1156 (December 27, 2005)
(Guilty Plea Decisions; Sentence, Abuse of Discretion) Trial court abused its discretion in refusing to allow Defendant to withdraw Alford plea , when court failed to follow sentencing recommendation of the State. Certiorari granted.

 

November 2005

Bonomelli, James Robert v. State, COCA Case No. F-2004-161 (November 15, 2005)
(Sentence, Excessive) Consecutive sentences modified to be served concurrently, reducing total sentence imposed from 100 years to 40 years.

Fryar, Gerald Lamar v. State, COCA Case No. F-2004-1217 (November 23, 2005)
(Sentence, Excessive) Twenty year sentence for walking away from a work center was so disproportionate as to shock the conscience of the Court. Modified to 10 years.

McGee, Christopher Dwayne v. State, COCA Case No. F-2004-527 (November 23, 2005)
(Evidence, Sufficiency) Evidence insufficient to support conviction for conspiracy to distribute CDS. Conspiracy count reversed and dismissed.

McCarthy, Allen Eugene v. State, COCA Case No. C-2005-78 (November 28, 2005)
(Guilty Plea Decisions) Plea by defendant unable to make bond was not knowingly and voluntarily entered, where delay in lab results, which later were found to be favorable, was coercive factor in entry of plea. Petitioner permitted to withdraw plea and proceed to trial.

Taylor, Craig LaFranz v. State,
COCA Case No. F-2004-825 (November 28, 2005)
(Jury Deliberations; Sentence, Excessive) Note during deliberations demonstrated jury was influenced by extraneous prejudicial information in assessing sentence. Sentence modified form life imprisonment to 20 years.

Martin, Sherice S. v. State,
COCA Case No. C-2004-850 (November 30, 2005)
(Guilty Plea Decisions) Factual basis for accepting guilty plea insufficient on one count.

 

October 2005

Duckett, Brian Anderson v. State, COCA Case No. RE-2004-812 (October 3, 2005)
(Revocation/Acceleration Decisions; Sentence, Excessive) State cannot permanently extend a defendantís suspended sentence simply by failing to hold a sentencing hearing after an application to revoke has been filed and the defendant has either confessed the application or the District Court finds the application has merit. Indefinite postponement of a defendantís sentencing pursuant to an application to revoke cannot extend the expiration time for a suspended sentence. Remanded with instructions to dismiss.

Gille, Ryan Lee v. State,
COCA Case No. M-2004-802 (October 21, 2005)
(Search and Seizure) Arresting officer did not have the requisite reasonable suspicion of criminal activity to justify the investigatory stop of Appellant. Reversed and remanded with instructions to dismiss.

Johnson, Darrell Robert v. State,
COCA Case No. F-2003-1084 (October 31, 2005)
(Jury instructions, Other; Jury Deliberations) Deliberations after one juror backed out of verdict were coercive under circumstances of case. Trial judge failed to give OUJI deadlocked jury instruction after poll revealed need for further deliberations. Reversed and remanded for new trial.

McCartney, Benny Paul v. State
, COCA Case No. F-2004-1002 (October 26, 2005)
(Double Jeopardy/ Double Punishment) Convictions for Possession of Methamphetamine w/ Intent to Distribute and Possession of CDS violate double punishment provisions. Dissent clarifies that the Court finds double punishment even where multiple charges are filed under different statutes in the drug code.

S.H. v. State, COCA Case No. J-2005-542 (October 25, 2005)
(Youthful Offender) State failed to present clear and convincing evidence that Appellant would not reasonably complete the plan of rehabilitation or the public would not be protected if the accused were to be sentenced as a youthful offender. Order for Defendant to stand trial as adult reversed.
 

September 2005

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

Estes, Tina A. v. State, COCA Case No. F-2004-939 (September 27, 2005)
(Jury Instructions, Misleading/Confusing; Sentence, Excessive) Jury improperly instructed on the appropriate range of punishment for one count constitutes plain error, impacting all sentences. Sentences modified.

J.F.M. v. State, COCA Case No. J-2005-549 (September 2, 2005)
(Youthful Offender; Ineffective Assistance of Counsel) Counsel representing 14-year-old for first degree murder rendered ineffective assistance of counsel for failing to have an expert prepared to assist in meeting the juvenileís burden of proof of amenability for treatment as Youthful Offender. Reversed for new hearing.

McBride, Charles Hackney v. State, COCA Case No. C-2005-120 (September 19, 2005)
(Guilty Plea Decisions) An evidentiary hearing on the application to withdraw plea is mandatory unless waived. Certiorari granted and remanded for hearing on application to withdraw plea.
 

August 2005

Schram, Lori Jo v. State, COCA Case No. F-2004-281 (August 2, 2005)
(Restitution) Record must reflect a basis for the trial judgeís determination of a victimís loss or the decision is arbitrary and violative of Section 991a. Remanded for new hearing on restitution.
 
Robbins, David Wayne v. State, COCA Case No. F-2004-907 (August 5, 2005)
(Prosecutorial Misconduct) Prosecutorís sentencing stage closing arguments made unmistakable references to the pardon and parole system to Appellantís prejudice. Sentence modified.

Evans, Kelly Dallas v. State,
COCA Case No. F-2004-110 (August 9, 2005)
(Fines, Fees and Costs) Statute defining crime of possession of burglary tools does not provide for a fine. Fine modified to maximum for misdemeanor offense.

Shelton, George Jr. v. State,
COCA Case No. F-2004-871 (August 11, 2005)
(Sentence, Excessive) Sentence for knowingly concealing stolen property modified from 35 years to 5 years.

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

Hodges, Michael Alan v. State,
COCA Case No. F-2004-1216 (August 12, 2005)
(Fines, Fees and Costs; ) Jury improperly instructed on fine. Fine modified from $10,000 to $5,000. Judgment modified to reflect proper statute for conviction.

Noble, Terriss Donahue v. State,
COCA Case No. F-2004-1065 (August 12, 2005)
(Evidence, Vouching; Prosecutorial Misconduct) Welfare worker improperly testified that victim was truthful; trial court erred in denying requested instruction on impeachment; prosecutor improperly referred to defendant as a ďmonster.Ē Cumulative effect of errors required reversal. Reversed and remanded for new trial.

Speed, Seno McKinley v. State,
COCA Case No. C-2004-598 (August 12, 2005)
(Guilty Plea Decisions) No factual basis to support convictions. Petitioner allowed to withdraw pleas.

Lee, Earnest Alphonzo v. State,
COCA Case No. F-2004-643 (August 26, 2005)
(Jury Instruction, Misleading/Confusing; Sentence, Excessive) Jury misinstructed regarding range of punishment. Sentence modified.

Romero, Martin Roy v. State,
COCA Case No. F-2004-268 (August 29, 2005)
(Double Jeopardy/ Double Punishment) Convictions for trafficking and using a minor to traffic methamphetamine violate the double punishment prohibition. Conviction for trafficking reversed with instructions to dismiss.

 

July 2005

Phares, Donald Isaiah v. State, COCA Case No. S-2004-1009 (July 7, 2005)
(Double Jeopardy/ Double Punishment) No-contest plea to traffic ticket issued at scene of accident precluded later prosecution for negligent homicide.

Poe, Eric Alan v. State,
COCA Case No. C-2004-1018 (July 12, 2005)
(Evidence, General; Guilty Plea Decisions) Petitioner allowed to withdraw plea based upon newly discovered evidence.

Ring, Dewayne Eugene v. State,
COCA Case No. RE-2004-445 (July 12, 2005)
(Revocation/Acceleration Decisions) Defendant not entitled to suspended sentence, should be allowed to withdraw plea entered, if he chooses.

Dority, Deaundrae Lance v. State,
COCA Case No. F-2004-0328 (July 13, 2005)
(Revocation/Acceleration Decisions) Acceleration hearing held without defense counsel. The record did not support valid waiver of the right to counsel. Reversed and remanded.

Ganis, Sarah Lynne v. State,
COCA Case No. F-2004-293 (July 14, 2005)
(Sentence, Excessive) Appellantís sentence excessive under facts. All counts modified to run concurrently.

Holbrook, John Dale v. State,
COCA Case No. F-2004-433 (July 15, 2005)
(Sentence, Excessive) Court finds sentence imposed excessive under the circumstances of the case. Sentence modified.

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

Payne, David R. v. State,
COCA Case No. RE-2004-614 (July 22, 2005)
(Sentence, Excessive; Revocation/Acceleration Decisions) The trial court abused discretion in revoking entire sentence.

June 2005


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

Brown, Billy Jack Jr. v. State,
COCA Case No. C-2004-739 (June 8, 2005)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Conflict of interest between client and counsel at motion to withdraw plea requires a new hearing on the application to withdraw.

Hargrove, Steven Randel v. State,
COCA Case No. F-2004-666 (June 8, 2005)
(Ineffective Assistance of Counsel) Details of prior offenses improperly admitted. Counselís failure to seek exclusion of this information constituted deficient performance and the imposition of the maximum sentence might have been influenced by this information. Sentence modified.

McNeil, Delbert Earl Jr. v. State,
COCA Case No. F-2004-197 (June 8, 2005)
(Prosecutorial Misconduct; Evidence, Other Crimes) Evidentiary harpoons and ďgrossly improperĒ testimony given by the officer were not cured by admonition of the trial court. The error appears to have determined the verdict. Reversed and remanded for new trial.

Phillips, Jimmy Allen v. State,
COCA Case No. F-2004-576 (June 8, 2005)
(Prosecutorial Misconduct) Defendant denied a fair trial because of improper remarks made by the prosecutor during closing argument. Some form of relief warranted as incentive against such improper argument. Sentences modified to run concurrently.

Cornelius, John Chris v. State,
COCA Case No. M-2004-255 (June 9, 2005)
(Evidence, Sufficiency) State elected to proceed under a general statute for Outraging Public Decency, rather than a more specific statute relating directly to acts at issue. Facts did not support the elements of the charged offense. Reversed with instructions to dismiss.

Payne Tommie Loyd v. State,
COCA Case No. F-2004-368 (June 10, 2005)
(Double Jeopardy/Double Punishment) Conviction for Lewd Molestation dismissed because it was a lesser included offense of conviction for rape by instrumentation.

Laughlin, David Wayne v. State,
COCA Case No. C-2004-903 (June 13, 2005)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Conflict of interest between client and counsel at motion to withdraw plea requires a new hearing on the application to withdraw.

Rankin, Jeremy Clarence v. State,
COCA Case No. C-2004-957 (June 13, 2005)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Conflict of interest between client and counsel at motion to withdraw plea requires a new hearing on the application to withdraw. Allegations in motion to withdraw placed counsel in position of being a witness adverse to his client.

May 2005

Ray, James Preston Sr. v. State, COCA Case No. F-2003-991 (May 6, 2005)
(Fines, Fees and Costs; Jury Instructions, Misleading/ Confusing) No record of request by State to proceed under 63 O.S. Supp. 2002, 2-401D and jury not instructed on any fine. Judgment and Sentence affirmed but $50,000 fine vacated.

Glenn, Rodney Taylor v. State,
COCA Case No. C-2003-1334 (May 10, 2005)
(Guilty Plea Decisions; ) Certiorari granted for pleas to three counts of Assault & Battery w/ Deadly Weapon. One count lacked a factual basis; client was misadvised of punishment range on all three counts. Certiorari also granted for plea to Possession of Firearm in Commission of Felony because client misadvised of punishment range (charge not subject to enhancement under general enhancement statute).

Calhoun, Steven James v. State,
COCA Case No. RE-2004-593 (May 17, 2005)
(Revocation; Sentence, Excessive) Revocation of suspended sentence in full, without credit for time already served, is excessive.

April 2005

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

Jones, Sarah Mae v. State, COCA Case No. RE-2004-584 (April 27, 2005)
(Revocation; Sentence, Excessive) Revocation of suspended sentence in full, without credit for time already served, is excessive.

March 2005

Gale, Thomas Edward v. State, COCA Case No. F-2003-1297 (March 1, 2005)
(Double Jeopardy/ Double Punishment) Act of possessing two different precursor substances without a permit violates double punishment statutes.

C.J. v. State,
COCA Case No. J-2004-1117 (March 2, 2005)
(Youthful Offender; Information, Defective) Defendant improperly charged in Amended Information as an Adult for three counts of Assault/ Shooting with Intent to Kill. Bind over order reversed with instructions to modify to show that defendant is to be tried as a Youthful Offender.

Horn, Micah Ananias v. State,
COCA Case No. F-2003-1089 (March 3, 2005)
(Evidence, General) Reversed and remanded for new trial due to improper admission of evidence regarding polygraph examination.

Lathrop, Billy Dale v. State,
COCA Case No. F-2004-82 (March 29, 2005)
(Sentence, Excessive) Three counts for child endangerment dismissed because statute criminalizing conduct was passed after the conduct occurred.

February 2005

Layman, Clonnie A. v. State, COCA Case No. F-2004-198 (February 28, 2005)
(Jury Selection) Trial court erred in not requiring State to assert a race-neutral reason for excluding a juror with a peremptory challenge. Reversed and remanded for new trial.

January 2005

Flippence, Amy Marie v. State, COCA Case No. F-2003-772 (January 7, 2005)
(6th Amendment; Information, Defective) Introduction of co-defendantís out-of-court statements violated 6th Amendment and required a new trial on one count. Three other convictions were reversed with instructions to dismiss because statute did not exist at the time the alleged act occurred.

Cox, Michial Allen v. State,
COCA Case No. C-2004-563 (January 13, 2005)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Petitioner was denied effective assistance of counsel due to an attorney-created conflict of interest at the hearing to withdraw plea. Certiorari granted and cause remanded for a proper hearing on the Application to Withdraw Guilty Pleas.

Wilkerson, Mark A. v. State,
COCA Case No. C-2003-1311 (January 19, 2005)
(Guilty Plea Decisions; Information, Defective) Conviction for First Degree Burglary modified to Second Degree Burglary because the facts failed show actual physical presence, as required. Conviction for kidnapping reversed and dismissed because no factual basis for secret confinement, an essential element.

McCarroll, Corey Dion v. State,
COCA Case No. C-2004-69 (January 19, 2005)
(Guilty Plea Decisions; Sentence - Abuse of Discretion) Two convictions modified because proximity language did not exist at time of alleged offenses. Sentences modified from 20 years to 15 years. Sentences modified because judge did not consider concurrent sentences.

Jackson, Kenneth Kelmer v. State,
COCA Case No. F-2004-184 (January 21, 2005)
(Double Jeopardy/Double Punishment) Convictions for both Accessory after the Fact and Knowingly Concealing Stolen Property based upon one act violate statute against double punishment. Concealing conviction reversed with instructions to dismiss.

Cox, Edward D. Jr. v. State,
COCA Case No. F-2004-269 (January 28, 2005)
(Double Jeopardy/Double Punishment) Convictions for both Shooting with Intent to Kill and Robbery with Firearm based upon one act violate statute against double punishment. Robbery conviction reversed with instructions to dismiss.

Devers, James Lorenzo v. State,
COCA Case No. F-2003-1278 (January 31, 2005)
(Fines, Fees and Costs) Fines modified because state mixed punishment provisions from different statutes.

December 2004

Hailey, Herbert Edsel, II v. State, COCA Case No. F-2003-802 (December 3, 2004)
(Information, Defective; Sentence, Excessive) Sexual Exploitation count (Life sentence) reversed and dismissed because statute defining crime did not exist at the time the acts were committed. Possessing Obscene Material count modified to lesser crime and sentence modified from 20 years and $25,000 fine to 5 years and $5,000 fine because charged under a general statute rather than a specific statute. Three other sentences modified because the sentences imposed exceeded the statutory maximum.

Shelton, Ronyell Lamar v. State,
COCA Case No. C-2003-1382 (December 3, 2004)
(Guilty Plea Decisions; Double Jeopardy/Double Punishment) Two convictions for concealing stolen property violate prohibition against double jeopardy, one count reversed with instructions to dismiss. Petitioner also allowed to withdraw plea to second count of concealing stolen property because he was misadvised regarding range of punishment.

Perkis, Robert Hershal v. State,
COCA Case No. C-2003-1247 (December 6, 2004)
(Guilty Plea Decisions) Kidnapping conviction (Life sentence) reversed and dismissed for failure to establish ďsecret confinement.Ē First Degree Burglary modified to Second Degree and sentence modified from 25 years to 7 years.

Fike, John Carl v. State,
COCA Case No. F-2003-816 (December 16, 2004)
(Double Jeopardy/Double Punishment) Convictions for Possession of both cocaine and methamphetamine constituted double jeopardy. Methamphetamine conviction reversed with instructions to dismiss.

Hudson, James Michael v. State,
COCA Case No. F-2003-1266 (December 21, 2004)
(Judge, Recusal; Ineffective Assistance of Counsel; Sentence, Abuse of Discretion) Sentences modified to run concurrent because of judicial bias. Trial counsel ineffective for failing to ask judge to recuse. Prejudice found in consecutive sentences.

Gargus, Ronnie Odell v. State,
COCA Case No. F-2003-1261 (December 23, 2004)
(Restitution) Trial courtís restitution order was not supported by sufficient evidence; remanded for hearing on restitution.

Murphy, Christopher Ray v. State,
COCA Case No. F-2003-1163 (December 28, 2004)
(Sentence, Excessive) Sentences modified to run concurrently rather than consecutively.

November 2004

C.C. v. State, COCA Case No. J-2004-741 (November 9, 2004)
(Juvenile adjudication) Adjudication affirmed, but the restitution order modified and/or clarified to reflect the total amount to be paid by Appellant and his co-defendant.

Lynn, Ernest, COCA Case No. F-2003-1136 (November 9, 2004)
(Jury Instructions - Theory of Defense) The Court held a convicted felon should be allowed to disarm an armed attacker without risk of a conviction for felonious possession. Adopted a justification defense in which a convicted felonís possession of a weapon under exigent circumstances is justified and the conduct should not be declared criminal.

DeLeon, Tomas, COCA Case No. F-2003-959 (November 24, 2004)
(Sentence, Excessive) Affirmed, but the trial courtís notation "Special Condition - No good time" under the special rules and conditions of probation portion of the Judgment and Sentence were stricken as it exceeded the trial courtí s authority.

October 2004

Hightower, Carrol Gene v. State, COCA Case No. F-2003-278 (October 7, 2004)
(Double Jeopardy/ Double Punishment) Convictions for both possessing marijuana with the intent to distribute and maintaining a dwelling house used for the keeping of marijuana do not withstand double punishment analysis.

Masters, Joshua Lee v. State,
COCA Case No. F-2004-63 (October 19, 2004)
(Sentence, Excessive) Trial court used sentencing range for crime that State neither alleged nor proved. Remanded for new sentencing under proper range and correction of judgment to Second Degree Rape by Instrumentation.

Morgan, Paul Delmer v. State,
COCA Case No. F-2003-717 (October 21, 2004)
(Sentence, Excessive) Trial court improperly combined sentencing enhancement provisions of Titles 21 & 63. Conviction affirmed but sentence modified from Life + $100,000 fine to 20 years imprisonment + $10,000 fine.

Reed, Andre Keith v. State,
COCA Case No. F-2003-1252 (October 22, 2004)
(Sentence, Excessive) Life sentence imposed for possession of firearm, after former conviction of a felony, ďshocks our conscience.Ē Sentence modified to 20 years.

J.S. v. State,
COCA Case No. J-2004-662 (October 1, 2004)
(Juvenile Adjudication/Certification) Adjudication affirmed, but modified from Burglary 2nd degree to illegal entry.

Van Dusen, Jason v. State,
COCA Case No. F-2003-1316 (October 13, 2004)
(Prosecutorial Misconduct; Sentence, Excessive) Prosecutor improperly injected the possibility of parole into second stage closing argument. Sentences modified from 75 years to 30 years.

September 2004

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

Garrett, Rodney Lamont v. State, COCA Case No. F-2003-976 (September 17, 2004)
(Sentence, Excessive) Sentence for conspiracy to traffic and attempted trafficking modified from 20 years (with 10 years suspended) running concurrently to 10 years on each count to be served concurrently because appellant was not eligible for a suspended term.

Hayes, Christopher Marcus v. State, COCA Case No. C-2003-983 (September 9, 2004)
(Guilty Plea) Petitioner sought to withdraw plea after termination from drug court. Factual basis provided on summary of facts did not constitute an admission of guilt to the original or amended crime charged. Certiorari granted.

Johnson, Booker James Jr. v. State, COCA Case No. F-2003-673 (September 1, 2004)
(Jury Instructions, Misleading/Confusing; Sentence, Excessive) Error in instructing on incorrect range of punishment requires modification of sentence. Error in charging under broad rather than specific statute results in modification of fine.

Knight, Joseph Lee Rick v. State, COCA Case No. F-2003-1078 (September 29, 2004)
(Fines, Fees and Costs) Costs assessed for counts not resulting in conviction vacated.

Marquez, John Carl v. State, COCA Case No. F-2003-747 (September 10, 2004)
(Sentence, Excessive) Life sentence for Placing Bodily Fluids on Government Employee is excessive and modified to 30 yearsí imprisonment.

Meadows, James Dean v. State, COCA Case No. F-2003-189 (September 30, 2004)
(Discovery) Trial court erred in denying Appellantís motion to suppress videotaped statements made as a result of an illegal arrest and taken in violation of Miranda rights.

Meadows, Joe Dean v. State, COCA Case No. F-2003-196 (September 30, 2004)
(Sixth Amendment; Discovery) Sixth Amendment violated when trial court allowed admission of codefendantís confession implicating Appellant. Trial court erred in denying Appellantís motion to suppress videotaped statements made as a result of an illegal arrest and taken in violation of Miranda rights.

Morris, Floyd Andrew v. State, COCA Case No. RE-2003-1203 (September 29, 2004)
(Revocations) Revocation affirmed but remanded for correction of Judgment and Sentence to reflect credit for time previously served on revoked sentence.

Rivas, Remigio v. State, COCA Case No. F-2003-648 (September 3, 2004)
(Evidence, Other Crimes) Sentence modified because irrelevant evidence related to prior convictions was improperly admitted .

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

Troutt, Mark Anthony v. State, COCA Case No. F-2003-1036 (September 10, 2004)
(Jury Instructions, Theory of Defense) Trial courtís refusal to instruct jury on theory of defense of entrapment denied Appellant a fair trial. Reversed and remanded for new trial.

Wiggins, James Lee v. State, COCA Case No. F-2003-1145 (September 10, 2004)
(Prosecutorial Misconduct) Sentence modified because of improper comments regarding actual time served on prior convictions.

August 2004

Knoles, William Eric v. State, COCA Case No. RE-2003-918 (August 23, 2004)
(Drug Court) State can seek sanctions for a probation violation or seek termination from Drug Court as a result of a violation. It cannot use a prior violation, for which sanctions have been imposed, as the basis of a Drug Court termination application. Reversed order terminating from Drug Court.

Perez, Saul v. State, COCA Case No. C-2003-890 (August 23, 2004)
(Guilty Plea) Ambiguous record regarding understanding of the crime to which a plea of guilty was entered requires modification of the sentence.

Shank, Anita v. State, COCA Case No. M-2002-1195 (August 17, 2004)
(Jury Instructions, Lesser Offenses) Error for trial court not to instruct on the lesser included offense of Driving While Impaired. DUI modified to DWI and remanded for consideration of sentence modification.

Wallace, Toni Jo v. State, COCA Case No. RE-2003-902 (August 18, 2004)
(Sentence, Excessive; Revocations) Sentence modified because it exceeded the statutory maximum.

July 2004

NO Unpublished Opinions Issued for July 2004

June 2004

Bacon, Donnie Joe v. State, COCA Case No. F-2001-1224 (June 29, 2004)
(Evidence - General; Evidence - Other Crimes) Sentences modified because of police officerís violation of pre-trial order restricting testimony; also because other crimes evidence was inadmissible because it did not fall into established exception, was not relevant and prejudice outweighed probative value impact.

D.H.D. v. State, COCA Case No. J-2004-305 (June 23, 2004)
(Youthful Offender) Appellant met his burden to overcome presumption that he should be treated as adult and to prove he should be certified as a Youthful Offender in 1st Degree Murder case.

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

Jacks, Shawn William v. State, COCA Case No. F-2003-315 (June 21, 2004)
(Ineffective Assistance of Counsel) Defense counselís theory of the case was tantamount to confessing guilt. Reversed and remanded for new trial.

Long, Toby T. v. State, COCA Case No. RE-2003-933 (June 24, 2004)
(Revocation/Acceleration Decisions) Revocation was based on an act that occurred well after the expiration of the suspended sentence. Reversed with instructions to dismiss.

Noble, Steven Edward v. State, COCA Case No. F-2002-1540 (June 23, 2004)
(Ineffective Assistance of Counsel; Jury Instructions - Misleading/Confusing) Trial Counsel failed to present available evidence to negate an element of the charged offense. Trial court erred in instructing on the range of punishment for possession of firearm afcf. Sentences modified to run concurrently rather than consecutively.

Orcutt, Roy Donnell v. State, COCA Case No. F-2003-1018 (June 23, 2004)
(Jury Instructions - Misleading/Confusing) Jury not properly instructed on the punishment it could assess for DUI, Second and Subsequent, based on statute in effect at time offense was committed. Sentence modified.

Paddock, Joe Lynn v. State, COCA Case No. F-2003-336 (June 21, 2004)
(Prosecutorial Misconduct) Prosecutor made repeated references concerning right to remain silent and personal attacks that had no relevance except to influence the jury. Sentences on Counts I and II modified from 50 to 25 years.

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

S.J.R. v. State, COCA Case No. J-2004-149 (June 23, 2004)
(Juvenile Adjudication/Certification) Certification as adult on misdemeanor charge vacated.

 

May 2004

Crawford, Bradley Allen v. State, COCA Case No. M-2003-784 (May 12, 2004)
(Evidence, General) Conviction for stalking reversed and remanded for new trial because trial court refused to allow defense to present evidence of bias and motive to testify on part of complaining witness.

El Mansouri, El Alami v. State, COCA Case No. F-2003-364 (May 11, 2004)
(Double Jeopardy/ Double Punishment) Convictions for both attempted robbery and kidnapping of one victim; and kidnapping and pointing a weapon at another victim violate prohibitions against double punishment/double jeopardy. Two counts dismissed.

Feaster, Clifford v. State, COCA Case No. C-2003-1342 (May 28, 2004)
(Guilty Plea Decisions; Sentence, Excessive) Judgment and Sentence modified to correctly reflect judgment imposed.

Foote, Curtis Randall v. State, COCA Case No. C-2003-845 (May 26, 2004)
(Guilty Plea Decisions; Double Jeopardy/ Double Punishment) Misdemeanor conviction for threatening an act of violence was part of evidence supporting felony conviction for witness intimidation. Misdemeanor count dismissed.

Hackler, Michael Wayne v. State, COCA Case No. RE-2003-397 (May 4, 2004)
(Sentence, Excessive; Revocation) Revocation affirmed but J&S to be corrected to reflect actual sentence imposed.

King, Ronald Lee v. State, COCA Case No. F-2003-583 (May 26, 2004)
(Fines, Fees and Costs) Trial court erred in mixing the punishment provisions of habitual offender statute and the Uniform Controlled Dangerous Substance Act. Fine modified.

McAbee, Janis Gale v. State, COCA Case No. RE-2003-455 (May 3, 2004)
(Sentence, Excessive; Revocation) Revocation affirmed but J&S to be corrected to reflect actual sentence imposed.

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

Thomas, Justin Lyle v. State, COCA Case No. C-2003-136 (May 18, 2004)
(Guilty Plea Decisions; Due Process) Petitioner misadvised regarding range of punishment for two counts, which influenced decision to plead guilty to entire case. Certiorari granted.

Walker, Kenneth Linn v. State, COCA Case No. F-2003-443 (May 27, 2004)
(Statute of Limitations) One count of sexual exploitation of a child dismissed due to expiration of statute of limitations.

Wright, Jeffery Edward v. State, COCA Case No. RE-2003-0106 (May 12, 2004)
(Sentence, Excessive; Revocation) Trial court lacked jurisdiction to revoke sentence that expired prior to the filing of application to revoke.

 

April 2004

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

Phipps, Timothy v. State, COCA Case No. F-2003-719 (April 15, 2004)
(Sentence Enhancement; Jury Instructions - Misleading/Confusing) Sentence improperly enhanced with a prior conviction and jury was misinstructed on the minimum punishment.
Sentence modified to 10 years with 5 years suspended.

Malone, Gregory Kyle v. State, COCA Case No. F-2003-257 (April 15, 2004)
(Jury Instructions - Misleading/Confusing; Due Process) Trial court improperly broadened elements of crime charged. Jury Instructions were erroneous as they failed to require proof of the specific crime alleged in the Information. Count I remanded for new trial.

Allen, Desiray Jaibai v. State, COCA Case No. RE-2003-640 (April 20, 2004)
(Revocation/Acceleration) Trial court was without jurisdiction to entertain Appellantís revocation hearing since Appellantís waiver of the 20-day period was not executed until that period had expired. Order revoking suspended sentences reversed.

Reed, Clarence Edward v. State, COCA Case No. F-2003-405 (April 20, 2004)
(Sentence Enhancement; Jury Instructions - Misleading/Confusing) Jury was wrongly instructed that it could consider six prior convictions in determining sentence, after trial court had ruled that only three were appropriate ( the others were transactional). Sentence modified.

Montgomery, David Robert v. State, COCA Case No. RE-2003-0857 (April 22, 2004)
(Revocation/Acceleration) Trial courtís order revoking improperly extended incarceration beyond original sentence. Revocation modified.

Davison, Alonzo Gabriel v. State, COCA Case No. F-2002-1437 (April 28, 2004)
(Evidence, General) Videotaped interview of child improperly admitted into evidence. Sentences modified.

Barrett, Randy DeWayne v. State, COCA Case No. F-2002-1351 (April 15, 2004)
(Ineffective Assistance of Counsel) Trial counselís misinformation regarding parole eligibility induced Barrett to waive lesser included offense instructions, which he was clearly entitled to receive. Reversed and remanded for new trial.

 

March 2004

Coulter, Ronnie Lamar v. State, COCA Case No. C-2003-399 (March 11, 2004)
(Guilty Plea Decisions) Petitioner should be allowed to withdraw his plea since the crime alleged does not exist. Charged with Assault with a Deadly Weapon, omitting the necessary element of battery.

McFarland, Todd Wayne v. State, COCA Case No. C-2003-848 (March 25, 2004)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Petitioner denied effective assistance of counsel when his attorneys induced him to plead no contest based upon an incorrect legal opinion that he was eligible for a deferred sentence. Certiorari granted.

Crews, Richard Val v. State, COCA Case No. F-2002-1454 (March 25, 2004)
(Jury Instructions - Misleading/Confusing) Appellant improperly convicted of an act that is not a crime; possession of a firearm without proving the After Former Conviction element of offense. Reversed for new trial.

Mullins, Tommy W. v. State, COCA Case No. F-2003-505 (March 29, 2004)
(Jury Instructions - Misleading/Confusing) Jury incorrectly instructed on the elements necessary for felony conviction of Maintaining a Place for Keeping/Selling Controlled Substances. Reversed and Remanded for new trial.

State v. Terry, Stephen Lee, COCA Case No. SR-2003-276 (March 30, 2004)
(Information - Defective) Court finds lewd molestation statute requires more than surreptitious filming of clothed girls at a public location.

 

February 2004

Hathcock, Anthony John v. State, COCA Case No. F-2002-1481 (February 3, 2004)
(Pro Se; Revocation/Acceleration) Defendant appeared pro se without a knowing and voluntary waiver of right to counsel. Acceleration reversed for new hearing.

Servin, Esther v. State, COCA Case No. C-2003-858 (February 6, 2004)
(Guilty Plea Decisions) Petitioner should be allowed to withdraw her pleas in the interests of justice. Petition for Writ of Certiorari granted.

Farris, Christi Marie v. State, COCA Case No. RE-2003-86 & 87 (February 11, 2004)
(Revocation/Acceleration; Sentence - Excessive) Sentences modified to be served concurrently as originally imposed.

Johnson, Dondre Columbus v. State, COCA Case No. M-2003-495 (February 12, 2004)
(Fines, Fees & Costs) Assessment of court costs excessive due to method of calculation. Remanded for Nunc Pro Tunc order correcting amount of costs.

Jones, Walter LaCurtis v. State, COCA Case No. F-2003-193 (February 17, 2004)
(Sentence - Excessive) Sentence exceeded the range of punishment; sentence modified.

Rosson, Helen Rose v. State, COCA Case No. F-2002-1511 (February 27, 2004)
(Evidence - Other Crimes) Appellant was prejudiced by the introduction of inadmissible other crimes evidence. Sentence modified from 50 years to 10 years.

January 2004

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

Flowers, Henry C. Jr. v. State, COCA Case No. F-2002-1428 (January 8, 2004)
(*Sentence - Abuse of Discretion) Trial courtís mistaken impression that it was without authority to run sentence concurrently with another sentence that had been previously imposed constituted an abuse of discretion. Remanded for resentencing.

Newton, David Jewel v. State, COCA Case No. F-2002-1546 (January 9, 2004)
(Jury Selection; Ineffective Assistance of Counsel) Failure to excuse police officer from sitting on jury was error by the trial court and IAC. Conviction for Rape and 458 year sentence reversed and remanded for new trial.

Maywald, David Lee v. State, COCA Case No. C-2003-403 (January 9, 2004)
(Sentence - Excessive) Defendant misadvised of sentencing range and improperly sentenced to greater than statutory maximum. Certiorari denied but sentence modified.

Poore, Desean Terrell v. State, COCA Case No. F-2003-22 (January 14, 2004)
(Double Jeopardy/ Double Punishment) Multiple convictions for Accessory After the Fact constitute Double punishment for a single course of action.

Mead, Sherri Lynn v. State, COCA Case No. M-2003-513 (January 26, 2004)
(Fines, Fees and Costs) Fine imposed was in excess of statutory maximum.

 December 2003

Lamb, Oscar Lee v. State, COCA Case No. F-2002-1370 (December 2, 2003)
(Evidence - Expert Testimony) Admission of expert testimony regarding truthfulness of victim was plain error. Two counts of rape by instrumentation reversed for new trial.

Perry, Johnny L. v. State, COCA Case No. F-2003-44 (December 3, 2003)
(Evidence - Sufficiency;) Evidence supported other reasonable hypotheses besides Defendantís constructive possession of drugs. Evidence insufficient to prove that Defendant Possessed a Firearm in the Commission of a Felony, conviction modified.

Battle, Jeremy Lavell v. State, COCA Case No. F-2003-305 (December 4, 2003)
(Evidence - Sufficiency) Accomplice testimony not sufficiently corroborated. Conviction for Robbery with a Firearm reversed with instructions to dismiss.

 

 

November 2003

Fox, Nemol Joe v. State, COCA Case No. C-2003-31 (November 7, 2003)
(Guilty Plea Decisions) Plea was not knowingly and intelligently entered because Petitioner was misadvised on the minimum sentence range when not informed of DUI sentencing option of impatient treatment.

Hamilton, Wendell v. State, COCA Case No. F-2003-1259 (November 7, 2003)
(Sentence - Excessive) Trial courtís decision to run 11 life sentences consecutively shocks the conscience of the court. Sentences modified to run concurrently.

Baird, Dontrell Maurice v. State, COCA Case No. F-2002-1509 (November 18, 2003)
(Sentence Enhancement) Three counts remanded for resentencing because of erroneous enhancement instructions.

Wafford, Michael Orlando v. State, COCA Case No. F-2002-1470 (November 25, 2003)
(Double Jeopardy/Double Punishment) Convictions for both possession of firearm while committing a felony and concealing stolen property (the same firearm) violated double punishment prohibition of Section 11. The concealing conviction was reversed with instructions to dismiss.

 

October 2003

Taylor, Joey Dean v. State, COCA Case No. S-2003-445 (October 3, 2003)
(Search and Seizure) Appeal of magistrateís order by the State affirmed. Magistrate and reviewing judge found State had not met its burden of proving that the defendant voluntarily gave consent to search vehicle after a traffic stop.

Barnett, Jeffrey Ellis v. State, COCA Case No. C-2002-1543 (October 9, 2003)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Remanded for new hearing with different counsel on motion to withdraw plea because of conflict of interest of attorney at the original plea withdrawal hearing.

Feaster, Clifford v. State, COCA Case No. C-2003-356 (October 14, 2003)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Remanded for proper hearing on the Application to Withdraw Plea due to an attorney-created conflict of interest.

 

  September 2003

Johnson, Marlon L. v. State, COCA Case No. F-2002-1339 (September 2, 2003)
(Information, Defective) Failure to distinguish the allegations of rape contained in Count 1 from the allegations of rape contained in Count 3 made it impossible to verify whether the verdict in Count 3 was unanimous. Jury acquitted one count and convicted on the other. Count 3 reversed and remanded with instructions to dismiss.

K.D.E. v. State, COCA Case No. J-2003-504 (September 2, 2003)
(Juvenile Adjudication/Certification) Order bridging Appellant to adult sentence was based on a violation report issued by OJA that was subsequently overturned. Appellant ordered back to treatment as Youthful Offender.

Campbell, Crystal Dawn v. State, COCA Case No. C-2002-1525 (September 3, 2003)
(Sentence - Excessive) Conviction for enabling child abuse affirmed but sentence modified from 25 years to 10 years, "in the interest of justice."

Scott, Edward Charles v. State, COCA Case No. C-2003-298 (September 4, 2003)
(Sentence - Excessive; Guilty Plea) Remanded for resentencing because of inconsistent statements in the record concerning whether Petitioner was sentenced as habitual offender.

Burton, Rodney Jerome v. State, COCA Case No. F-2002-1009 (September 12, 2003)
(Double Jeopardy/Double Punishment) Convictions for trafficking and for possession of CDS within 1000 feet of a park, based upon same act, violated Section 11. Possession conviction reversed with instructions to dismiss.

Garcia, Sunday D. v. State, COCA Case No. RE-2002-580 (September 12, 2003)
(Revocation/Acceleration) Trial court erred in initiating proceedings when competency issues had not been dealt with properly. Reversed and remanded for further proceedings.

Dykes, Russell Dewayne. v. State, COCA Case No. F-2002-1035 (September 12, 2003)
(Sentence - Excessive) Sentences exceeded the maximum term allowed by statute.

Stratmoen, Joe Edward v. State, COCA Case No. F-2002-1561 (September 25, 2003)
(Sentence - Excessive) Trial court should not have ordered Appellant resentenced on Count II, which had already been modified on previous appeal. Sentence modified to 2 years.

    August 2003

Cosar, Mickey Lee v. State, COCA Case No. F-1999-1652 (July 7, 2000)
No written notice of drug court termination hearing as required by Hagar.

Fire, Brian Wheatley v. State, COCA Case No. F-2002-548 (August 6, 2003)
(Prosecutorial Misconduct; Evidence - Vouching) Social worker improperly vouched for credibility of victim. Prosecutor repeatedly impeached Appellant with his post-arrest silence. Reversed and remanded for new trial.

Modesto, Carlos Gomez v. State, COCA Case No. F-2002-1041 (August 7, 2003)
(Double Punishment) Convictions for trafficking in methamphetamine and cocaine violated prohibition against double punishment.

Grimland, Brandon J. v. State, COCA Case No. F-2002-855 (August 14, 2003)
(Sentence - Excessive) Prosecutor improperly injected parole into juryís sentencing decision. Sentence modified from 100 yearsí imprisonment to 25 yearsí imprisonment.

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

Gay, Michael Wayne v. State, COCA Case No. RE-2002-1245 (August 15, 2003)
(Sentence - Excessive) Sentence greater than the statutory maximum.

Doza, Russell Andrew v. State, COCA Case No. F-2002-809 (August 15, 2003)
(Search and Seizure) Police officer may not conduct a consensual search outside his jurisdiction under color of law. Reversed and remanded with instructions to dismiss.

Sango, Muhajir A. v. State, COCA Case No. F-2002-613 (August 20, 2003)
(Jury Instructions - Misleading) Trial courtís erroneous instructions on the range of punishment required resentencing.

Marshall, Andre Lasuan v. State, COCA Case No. F-2002-537 (August 21, 2003)
(Jury Instructions - Lesser Offense; Evidence - Sufficiency) Convictions for A&B with Dangerous Weapon and Entering a Building with Unlawful Intent reversed and remanded with instructions to dismiss. The A&B was a lesser included offense of a charged crime, but instruction was improperly given over defense objection and without a request by the State. Evidence was insufficient to show intent to destroy personal property.

Coronado, Veronica v. State, COCA Case No. F-2002-718 (August 22 2003)
(Search and Seizure) Weapons search without facts to support reasonable suspicion, violated Fourth Amendment. Reversed with instructions to dismiss.

Williams, Earnest v. State, COCA Case No. RE-2002-1124 (August 22, 2003)
(Revocations) Trial court had no jurisdiction to revoke where sentence had expired.

Mitchon, Tracy Allen v. State, COCA Case No. RE-2002-1077 (August 25, 2003)
(Revocations) Modified to provide credit for time previously served.

Merrill, Charles Ardell Jr. v. State, COCA Case No. F-2002-1377 (August 26, 2003)
(Jury Deliberations) Reversed and remanded for new trial because trial judge allowed jury to separate, over defense objection, after deliberations had begun.

Jones, Lonny Boyd v. State, COCA Case No. F-2002-690 (August 27, 2003)
(Double Jeopardy/Double Punishment; Fines, Fees and Costs or Jury Instructions - Misleading) Convictions for both Resisting and Officer and Assault & Battery on a Police Officer constituted double punishment. Trial courtís punishment instructions were erroneous in applying a superseded version of the sentence-enhancement statute, and in combining it with a fine provision from the Uniform Controlled Dangerous Substance Act.

 

  July 2003

McGee, Christopher Dwayne v. State, COCA Case No. C-2002-946 (July 1, 2003)
(Guilty Plea Decisions) Plea agreement was for second page enhancement to be dropped, but trial court enhanced sentence anyway. Certiorari granted.

Skinner, Ronald Charles v. State, COCA Case No. C-2002-1460 (July 2, 2003)
(Guilty Plea Decisions) Defendant was misadvised on range of punishment. Certiorari granted.

Gifford, Claude Thomas v. State, COCA Case No. F-2002-87 (July 9, 2003)
(Double Jeopardy/Double Punishment) Simultaneous convictions for 1st Degree Robbery by force and fear and A&B with a Dangerous weapon violate prohibition on double punishment. Robbery conviction and sentence reversed with instructions to dismiss.

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

Williams, Milton Veran v. State, COCA Case No. F-2002-808 (July 11, 2003)
(Search and Seizure; Fines, Fees and Costs) Two of three counts, Possession of CDS with Intent to Distribute and Maintaining a Dwelling for the Purpose of Keeping/Selling CDS, reversed with instructions to dismiss due to illegal search and seizure (no exigent circumstances to enter defendant's house). Fine modified from $100,000 to $10,000.

Leggett, Lourinda (Givens) v. State, COCA Case No. F-2000-321 (July 15, 2003)
(Ineffective Assistance of Counsel) Trial counsel ruled ineffective for failing to use expert to substantiate battered woman theory at trial. Reversed and Remanded for new trial.

Melonakis, Stephen Eldridge v. State, COCA Case No. F-2002-233 (July 21, 2003)
(Sentence, Excessive) Right to equal protection of law was not violated when trial court failed to grant credit for time served prior to trial. Sentence modified to reflect credit for time served awaiting appeal in the interests of justice.

VanWoudenberg, Edward John v. State, COCA Case No. F-2002-899 (July 22, 2003)
(Fines, Fees and Costs) Nunc Pro Tunc order to correct overcharge in costs and fees at defendant's request. Judgment and Sentence affirmed.

Copeland, Steven Caleb v. State, COCA Case No. C-2002-1136 (July 22, 2003)
(Guilty Plea Decisions; Restitution) Record does not contain sufficient information as to how restitution amount was determined. Remanded for a Restitution hearing.

Vickery, Michael Lee v. State, COCA Case No. M-2002-1146 (July 22, 2003)
(Bench Trial ) Accelerated Docket Order modifies sentence from 1 year to 3 months with credit for time served.

Simrak, Joseph Alexander v. State, COCA Case No. F-2002-772 (July 29, 2003)
(Search and Seizure) Information used to justify the warrantless arrest was obtained from sources who were not shown to be either reliable or credible. Initial arrest was illegal and the fruits of the search incident to the unlawful arrest should have been suppressed. Reversed and remanded with instructions to dismiss.

Edwards, Bennie Jay Jr. v. State, COCA Case No. F-2002-869 (July 29, 2003)
(Jury Instructions - Misleading/Confusing) Plain error for trial judge to fail to properly instruct on the range of punishment. Judgment affirmed but sentence modified from 30 years to 10 years imprisonment.

 

 

  June 2003

Arnold, Carole Jean v. State, COCA Case No. F-2002-653 (June 2, 2003)
(Jury Instructions-Misleading/Confusing) Jury incorrectly instructed on range of punishment. Trial court erred in admitting testimony regarding HGN test in DUI case without requiring state to satisfy Daubert. Court found this error harmless in light of other evidence of guilt. Sentence modified from 5 years to 2 years.

Woodfork, James Jermaine v. State, COCA Case No. F-2002-532 (June 3, 2003)
(Double Jeopardy/Double Punishment) Three (of 8) counts, A&B with a Dangerous Weapon and Domestic Abuse, reversed and remanded with instructions to dismiss on Double Jeopardy/Double Punishment grounds.

Helms, Jack Leroy v. State, COCA Case No. F-2002-552 (June 10, 2003)
(Statutory Construction) Offense of simple possession of child pornography should have been prosecuted under the specific law, rather than the general statute that covers the more serious offense of manufacturing and distributing child pornography. Sentence modified from 15 years to 2 years.

Orcutt, Daniel Kelly v. State, COCA Case No. F-2001-1529 (June 19, 2003)
(Jury Deliberations; Prosecutorial Misconduct) Reversible error occurred in allowing jury to separate during deliberations over objection. Also, prosecutor's statements on defendant's failure to testify were error. Reversed and remanded for new trial.

Barry, Michael Lee v. State, COCA Case No. F-2002-324 (June 25, 2003)
(Sentence - Excessive) Sentence imposed for misdemeanor was outside the statutory range. Modified from one year to six months.

  May 2003

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

Pinon, Gilberto v. State, COCA Case No. C-2002-1379 (May 23, 2003)
(Guilty Plea) Failure to have client present at Hearing on Application to Withdraw Plea is not harmless error. Remanded for new hearing.

  April 2003

Dueitt, Kenneth Lee v. State, COCA Case No. F-2002-157 (April 1, 2003)
(Double Jeopardy; Variance) Convictions for manufacturing methamphetamine and possession of precursor violated Double Jeopardy/Double Punishment. Also, variance between charge made in Information, and the evidence or theory presented at trial deprived Appellant of adequate notice of what he had to defend against. Conviction for possession of precursor, Count 2, reversed and dismissed. (Ruling clarified on rehearing.)

Klein, Ronald Bruce v. State, COCA Case No. M-2002-263 (April 9, 2003)
(Sentence - Excessive; Fines, Fees & Costs) Under the circumstances, including Appellant's rejection of offers of suspended sentences, Appellant's sentence modified to sixty (60) days, with the sentences and all fines and costs suspended.

Baker, Lonnie George Jr. v. State, COCA Case No. RE-2002-523 (April 24, 2003)
(Revocation; Sentence - Excessive) Appellant had less time remaining on his suspended sentence and should be credited for additional days against his revoked suspended sentence. Sentence modified.

Wichita, David Dean v. State, COCA Case No. F-2002-323 (April 28, 2003)
(Bench Trial, Waiver) Record failed to show a competent, knowing and intelligent waiver of the right to a jury trial. Reversed and remanded for new trial.

Bernal, Tomas Mendiola v State, COCA Case No. F-2002-24 (April 30, 2003)
(Jury Instructions - Misleading/Confusing) Appellant's conviction for maintaining a dwelling where drugs are kept reversed for a new trial because trial court failed to instruct on all the elements of the offense.

Bruner, Ricky Dion v State, COCA Case No. F-2002-108 (April 30, 2003)
(Double Jeopardy) Multiple convictions arising from a single criminal episode violate prohibitions against double jeopardy. Rape and robbery convictions affirmed, but kidnapping convictions reversed with instructions to dismiss.


 March 2003

Williams, Donnell E. v. State, COCA Case No. F-2002-493 (March 4, 2003)
(Sentence - Excessive) Three convictions for non-violent property crimes affirmed but 25 years' imprisonment for each count to run consecutively is excessive. Sentence modified to be served concurrently.

Stephens, Robert Mark v. State, COCA Case No. F-2002-201 (March 5, 2003)
(Sentence - Excessive) Trial judge's refusal to consider all possible sentencing options based upon a "policy" of running sentences consecutively constitutes an abuse of discretion. Sentences modified to be served concurrently.

Caudill, Gary Don v. State, COCA Case No. F-2002-708 (March 6, 2003)
(Sentence - Excessive) District Court lacked authority to impose a sentence greater than that recommended by the jury. Sentence modified to that imposed by the jury.

Brock, Michael Keith v. State, COCA Case No. F-2001-1497 (March 12, 2003)
(Double Jeopardy) Convictions for manufacturing methamphetamine and possession of precursor violate Section 11, double punishment provision. Precursor conviction reversed with instructions to dismiss.

Jackson, Gregory Lee Jr. v. State, COCA Case No. F-2002-1444 (March 12, 2003)
(Jury Instructions - Lesser Included Offenses) Plain error found in failure to instruct jury on lesser-included offense of driving while impaired in DUI case. Reversed for new trial.

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

Maxwell, Montain Lamont v. State, COCA Case No. F-2001-1514 (March 20, 2003)
(Ineffective Assistance of Counsel) Prosecutor cross-examined Appellant about post-arrest silence. "It is fundamentally unfair and a deprivation of due process to allow the arrested person's silence to be used to impeach an explanation subsequently offered at trial." Trial counsel's failure to object to prosecutor's misconduct amounted to IAC. Reversed and remanded for new trial.

Hester, John Anthony v. State, COCA Case No. RE-2002-667 (March 27, 2003)
(Revocations) State failed to diligently prosecute when 5 years lapsed between filing application and prosecution. Reversed and remanded with instructions to vacate the order of revocation.

Bumgarner, Kevin Eddy v. State, COCA Case No. F-2002-484 (March 31, 2003)
(Sentence - Excessive) Court finds 275 years for 1st Degree Arson AFCF to be excessive "where there was neither loss of life nor injury." Sentence modified to 45 years.

 

 February 2003

Williams, Michael Joe v. State, COCA Case No. F-2000-1247 (February 18, 2003)
(Ineffective Assistance of Counsel) Counsel's performance deficient for refusing to assist client in plea bargain (that would have resulted in a 10 year sentence), and telling client he either had to get other counsel (to take plea agreement), or go to trial. Prejudice shown by lost opportunity to pursue that plea bargain and resulting LWOP sentence at trial. Sentence modified to Life with Possibility of Parole.

Vaughn, James Dale v. State, COCA Case No. F-2002-175 (February 19, 2003)
(Jury Instructions - Misleading/Confusing) Jury given incorrect punishment range on Offense of Carrying Firearm AFC. Judgment affirmed but sentence modified from 20 years to 2 years.

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

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

Snoe, Russell v. State, COCA Case No. C-2002-633 (February 26, 2003)
(Guilty Plea) Plea not knowingly and voluntarily made because of incorrect information about the range of punishment he faced. Certiorari granted.

Thompson, Kenneth Glenn v. State, COCA Case No. F-2002-202 (February 28, 2003)
(Double Punishment) Convictions for Robbery w/ a Weapon and A&B w/ a Weapon violate Section 11 prohibition on double punishment, as both crimes arose out of one act. The A&B count reversed with instructions to dismiss.

Thompson, Kristy Ladell v. State, COCA Case No. F-2002-203 (February 28, 2003)
(Double Punishment) Convictions for Robbery w/ a Weapon and A&B w/ a Weapon violate Section 11 prohibition on double punishment, as both crimes arose out of one act. The A&B count reversed with instructions to dismiss.

 

 January 2003

Choate, Robert Wesley v. State, COCA Case No. F-2001-1488 (January 8, 2003)
(Double Punishment) Convictions for manufacturing CDS and possession of precursor violates prohibition against double punishment. Possession of Precursor reversed and dismissed.

Welch, Tony Wayne v. State, COCA Case No. F-2001-1372 (January 10, 2003)
(Jury Instructions - Misleading) Plain error for court to incorrectly instruct jury on range of punishment for crime of Peeping Tom. Fine vacated.

Oglesby, Dearel v. State, COCA Case No. F-2002-470 (January 16, 2003)
(Evidence - Other Crimes) Improper "other crimes" evidence required sentence modification from Life imprisonment to 20 years.

Boomershine, Danny Joe v. State, COCA Case No. F-2002-101 (January 23, 2003)
(Sentence - Excessive) Aggregate consecutive sentence of 600 years is excessive. Sentences modified to run concurrently.

  December 2002

Turner, Michael Gerald v. State, COCA Case No. F-2001-1243 (December 20, 2002)
(Evidence - Sufficiency) Convictions for Personal Injury DUI and DUI reversed and dismissed. Blood test administered beyond two hours of arrest inadmissible.

Underwood, Wendy Leann v. State, COCA Case No. F-2001-1048 (December 23, 2002)
(Sentence - Enhancement) Seven prior convictions used to enhance the penalty arose from the same transaction. Sentence modified from 40 to 30 years.



  November 2002 

Newson, Terri Ann v. State, COCA Case No. C-2001-514 (November 4, 2002)
(Sentence - Excessive) Court denies certiorari but finds the sentence excessive. Sentence modified from LWOP to Life.

Dickson, John Wesley v. State, COCA Case No. F-2001-1445 (November 5, 2002)
(Prosecutorial Misconduct) Possession of CDS AFC affirmed but sentence modified from 40 years to 20 years. Prosecutor's improper argument stating his opinion of the appropriate sentence improperly influenced the jury's sentencing decision.

Huff, Sheri Denise v. State, COCA Case No. RE-2002-174 (November 6, 2002)
(Fines, Fees & Costs; Sentence - Excessive) Improper to add incarceration fees at time of revocation; fees vacated. Sentences modified to run concurrently instead of consecutively.

Cordon, Richard James v. State, COCA Case No. F-2001-668 (November 7, 2002)
(Jury Instructions) Second Degree Murder conviction reversed and remanded for new trial because the trial court failed to give requested instruction on exculpatory statements of the defendant.

Chapman, Shawn R. v. State, COCA Case No. F-2001-1165 (November 14, 2002)
(Sentence - Excessive) Total sentence of 480 years imprisonment shocks the Court's conscience. Three 150 year sentences were modified to Life imprisonment.

Fajardo, Jose v. State, COCA Case No. F-2001-1506 (November 18, 2002)
(Prosecutorial Misconduct - "Special Advocate" ) Trial Court committed reversible error and violated Appellant's right to due process when it allowed a "special advocate" for the victim to participate in the trial. There is no statutory authority for the appointment of special advocate in a lewd molestation/indecent proposal case. Fundamental error when advocate cross examined witnesses and took an active and adversarial role. Reversed and remanded for new trial.

Green, Amy Michelle v. State, COCA Case No. F-2002-9 (November 19, 2002)
(Evidence - General; Sentence - Excessive) The probative value of highly inflammatory evidence was far outweighed by the danger of unfair prejudice and resulted in the imposition of the maximum sentence. Sentence modified from 10 years to 6 years for possession of CDS.

Satterfield, Christian v. State, COCA Case No. F-2002-106 (November 19, 2002)
(Double Jeopardy) Appellant's conviction for both Attempted Manufacture of CDS and Possession of a Precursor violated the statutory prohibition against multiple punishment. Conviction for possession reversed with instructions to dismiss.

Glasgow, Holly Ann v. State, COCA Case No. F-2001-1348 (November 20, 2002)
(Jury Instructions - Lesser Offenses) Conviction for Robbery by Force or Fear reversed. Trial court failed to instruct on offense of receiving stolen property. Judgment modified from Robbery to Receiving Stolen Property. Sentence modified from 5 years to 1 year (minimum sentence for lesser offense).

McCollum, William v. State, COCA Case No. F-2001-528 (November 21, 2002)
(Ineffective Assistance of Counsel) Trial counsel failed to cross examine bias of two state's witnesses, even though the bias was apparent from transcript of earlier trial (which ended in a mistrial). Reversed and remanded for new trial.

  October 2002 

Phelps, Glen Eugene v. State, COCA Case No. RE-2001-947 (October 10, 2002)
(Revocation) Appellant was not eligible for a suspended sentence, requiring original J&S be vacated, and remanded under Bumpas to allow the defendant to withdraw his plea. If plea is not withdrawn, the court can impose sentence within statutory range (afcf x 2).

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

Davis, Eric Jackson v. State, COCA Case No. F-2001-999 (October 18, 2002)
(Evidence - Sufficiency; Sentence - Excessive) One count of rape reversed and remanded with instructions to dismiss due to insufficient evidence; remaining counts affirmed but remanded for resentencing because the trial court refused to consider all sentencing options (i.e. concurrent sentences).

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

Jennings, Terry Wayne v. State, COCA Case No. F-2001-1028 (October 23, 2002)
(Search and Seizure) Conviction for trafficking drugs reversed with instructions to dismiss. Trial court erred in finding that search warrant, based on specific factual information by a confidential informant without additional evidence of reliability, was valid.

Johnson, Paul Nathan v. State, COCA Case No. F-2001-1517 (October 24, 2002)
(Fines, Fees and Costs) Conviction and sentence for Possession of Methamphetamine Within 1000 Feet of a school affirmed but $10,000 fine was vacated because it was not authorized by law.

Martin, Bruce Wayne v. State, COCA Case No. RE-2001-1375 (October 29, 2002)
(Sentence - Excessive) Revocation affirmed but sentence modified from five years to one year because it exceeded the statutory maximum.

Armstead, Clayton v. State, COCA Case No. F-2001-991 (October 31, 2002)
(Jury Instructions - Misleading) Judgment affirmed but sentence modified from thirty years to ten years. Jury was improperly instructed on the sentencing range.

 September 2002  

White, Byron Lynn v. State, COCA Case No. C-2001-1425 (May 30, 2002)
received 9-02 from COCA
(Ineffective Assistance of Counsel. ) Petitioner was denied constitutional right to due process because the hearing on Motion to Withdraw Plea was conducted in his absence and counsel made no argument in support of the application. Remanded for proper hearing on application to withdraw guilty plea.

Hubbell, James Benjamin v. State, COCA Case No. F-2001-1230 (September 4, 2002)
(Evidence - Other Crimes; Sentence - Excessive.) Prison records introduced during 2nd Stage contained irrelevant and prejudicial information. Sentence modified.

Marlow, Robert Dale v. State, COCA Case No. F-2001-793 (September 6, 2002)
(Jury Instructions - Misleading; Evidence - Other Crimes.) Plain error occurred when convicted of 1st Degree Rape by Instrumentation without the crucial element of "bodily harm" in the jury instruction. Modified to lesser crime of 2nd Degree Rape by Instrumentation and sentence modified from 100 years to 20 years. Appellant was prejudiced when prosecutor was allowed to introduce "other crimes" evidence of an event occurring several months after the incidents alleged in the information. Convictions affirmed but sentence modified from 100 years to 40 years for 4 counts.

Ray, Gene Paul v. State, COCA Case No. F-2001-338 (September 6, 2002)
(Evidence - Expert Testimony; Evidence - Vouching; Evidence - Other Crimes. ) Trial Court committed reversible error when it allowed a Special Advocate to prosecute Appellant; admitted evidence regarding "Child Accommodation Syndrome" was misused; the State bolstered alleged child victims' testimony by first presenting hearsay testimony of their parents; and when it allowed the State to improperly impeach the Appellant. Reversed and remanded for new trial.

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

Henderson, Sahib Quietman v. State, COCA Case No. F-2001-1338 (September 17, 2002)
(Double Jeopardy/Double Punishment.) Convictions for both Conspiracy to Distribute CDS and Distribution of CDS based on the same facts violated Section 11.

Creller, Chester Sr. v. State, COCA Case No. F-2001-962 (September 20, 2002)
(Double Jeopardy/Double Punishment.) Convictions for both 1st Degree Rape and Incest arising from a single act violated Section 11.

Gibbs, Byron Keft v. State, COCA Case No. F-2001-1061 (September 27, 2002)
(Prosecutorial Misconduct.) Plain error occurred when prosecutor over zealously cross-examined Appellant regarding his veracity. Prosecutor also made improper comments concerning the right to remain silent and confusing misstatements regarding the burden of proof on Appellant's "defenses". Sentence modified.

McManus, Ed DeWayne v. State, COCA Case No. C-2002-652 (September 27, 2002)
(Guilty Plea; Sentence - Excessive.) Amendments to 21 ß 51.1 were not considered when paperwork for plea was filled out. Petitioner could not have knowingly and voluntarily entered a plea without knowing the correct punishment range. Counts for 2nd Degree Burglary and Larceny of an Automobile modified to the minimum of six (6) and nine (9) years respectively, rather than the twenty (20) years first imposed.

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

  August 2002

Downey, Billy Mack v. State, COCA Case No. F-2001-106 (August 14, 2002)
(Evidence-General; Prosecutorial Misconduct; Jury Instructions-Misleading/Confusing.) Victim impact evidence inadmissible in the guilt/innocence stage. Trial court erred in excluding evidence based on the Rule of Sequestration. Newly discovered evidence was material and not cumulative. State should not have been allowed to impeach a defense witness with a deferred judgment. Trial court's "supplemental instructions" increased juror confusion. Jury should have been instructed that co-defendants were accomplices as a matter of law. Reversed and Remanded for a New Trial.

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

Schoonover, Gilda Marie v. State, COCA Case No. F-2001-916 (August 15, 2002)
(Jury Instructions- theory of defense; Evidence - Insufficient.) Trial court committed fundamental error by instructing jury on the alternative theory of knowingly permitting abuse of a minor child. Evidence presented at trial sufficient to prove death was not accidental but does not support theory that Appellant knowingly permitted her husband to inflict unreasonable force. Reversed for New Trial.

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

Scott, Brian Tyrone v. State, COCA Case No. F-2001-998 (August 15, 2002)
(Double punishment.) Convictions for both kidnapping and forcible oral sodomy violate prohibition against multiple punishment for a single act. Conviction for kidnapping dismissed.)

Webb, Karyn Jo v. State, COCA Case No. F-2001-985 (August 29, 2002)
(Ineffective Assistance of Counsel.) IAC for failure to get medical expert and utilize available character evidence. Reversed and remanded for new trial.

  July 2002

Jethroe, Derrick L. v. State, COCA Case No. F-2001-503 (July 3, 2002)
(Excessive Sentence. Error to charge Appellant after former conviction because the preliminary hearing magistrate sustained the demurrer to the supplemental information. Affirmed but sentence modified from 35 years to 20 years.)

Kirk, Eugene v. State, COCA Case No. F-2001-278 (July 9, 2002)
(Double Punishment; Jury Instructions. Convictions for Domestic Abuse and Assault and Battery with a Dangerous Weapon arising from one act violate statutory protections against multiple punishment. Trial court erred in refusing to give requested instructions on impeachment by prior bad acts when witness admitted to perjury in a prior trial. Error ruled harmless beyond a reasonable doubt due to substantial evidence. Count II: Domestic Abuse After Former Conviction of Domestic Abuse reversed and remanded with instructions to dismiss.)

Hennesy, Jerome Wade v. State, COCA Case No. F-2001-873 (July 12, 2002)
(Evidence- Other Crimes. Improper admission of other crimes evidence was prejudicial and rose to the level of plain error. Reversed for New Trial.)

Pate, Mitchell Wayne v. State, COCA Case No. RE-2001-1120 (July 15, 2002)
(Excessive Sentence; Revocation. Revocation exceeded original terms of sentence. State confessed error. Sentence modified.)

Baldwin, Billy Joe v. State, COCA Case No. RE-2001-1070 (July 31, 2002)
(Excessive Sentence; Revocation. Revocation exceeded original terms of sentence. Suspended sentences had been ordered to run concurrently. On revocation, sentences ordered to run consecutively. Sentences modified to run concurrently.)

  June 2002

Heath, Samuel Lloyd Jr. v. State, COCA Case No. RE-2001-749  (June 3, 2002)
(Revocation. Six year gap between filing of application to revoke and revocation hearing too long; revocation remanded with instructions to dismiss for failure to prosecute.)

Coulter, Phillip Scott v. State, COCA Case No. F-2001-378 (June 4, 2002)
(Evidence - Improper Limitation. Trial court's refusal to allow defense counsel to impeach the prosecutrix by asking about her other sexual activity was related to the defense strategy, bore directly on her credibility, and was relevant to show motive or propensity to lie. Reversed and remanded for new trial.

Tillman, Tashiro Rudy v. State, COCA Case No. F-2001-465 (June 4, 2002)
(Youthful Offender. Record does not reflect Appellant effected a knowing waiver of his statutory right to be sentenced under the Youthful Offender Act. Conviction for possession of CDS AFC vacated for resentencing.)

Haas, Sammy Dewain v. State, COCA Case No. F-2001-785 (June 5, 2002)
(Sentence. Trial court directed to modify the Court's Minute to show that Appellant's sentences were ordered to run concurrently.)

Martin, Robert Leroy v. State, COCA Case No. F-2001-655 (June 6, 2002)
(Sentence - Excessive. Consecutive sentences imposed on three crimes that fall within the mandatory sentence provision shocks the conscience of the court. Judgment affirmed but sentences are modified to run concurrently.)

Mondier, William Forrest v. State, COCA Case No. F-2001-434 (June 5, 2002)
(Jury Instructions - Misleading/ Confusing; Double Jeopardy/ Double Punishment. Conviction for Maintaining a Place Resorted to by Users of CDS reversed with instructions to dismiss because "nothing in the record shows the trier of fact specifically Appellant 'knowingly or intentionally' committed the offense. Jury instruction omitted element of "knowingly" or "intentionally". Also, under the "same evidence" test, possession of marijuana and methamphetamine was a single offense. Marijuana possession reversed with instructions to dismiss.)

Woods, Jessica Melissa v. State, COCA Case No. C-2001-1216 (June 7, 2002)
(Fines, Fees and Costs. Petition for Writ of Certiorari denied. Petitioner should not be assessed the transcript preparation fee inasmuch as the trial court found Petitioner indigent and ordered the transcripts prepared at public expense.)

Wright, Vadell Lamont v. State, COCA Case No. F-2001-651 (June 7, 2002)
(Evidence - Sufficiency; Jury Instructions. Evidence insufficient to support the charge of using a vehicle to discharge a firearm, charge reversed with instructions to dismiss. Unauthorized Use of Motor Vehicle reversed and remanded for new trial because the jury was not properly guided regarding defendant's defense of mistake.)

Smith, Mark Eugene v. State, COCA Case No. F-2001-231 (June 12, 2002)
(Double Jeopardy. Conviction for attempted manufacturing and possession of precursors violate protection against double punishment. Judgment and sentence reversed and dismissed.)

A.B.H. v. State, COCA Case No. J-2002-247 (June 5, 2002)
(State did not meet its burden of showing the public would not be adequately protected if Appellant were sentenced as a Youthful Offender. Trial court's order treating Appellant as adult reversed and remanded.)

Ezell, James Ricky III v. State, COCA Case No. F-2001-637 (June 13, 2002)
(Abuse of discretion for the trial court to have a policy of ordering sentences to run consecutive without considering concurrent sentences. Remanded for resentencing.)

Leonard, Jeffery Earl v. State, COCA Case No. RE-2001-911 (June 13, 2002)
(Appellant cannot be terminated from a program it is not even certain he had begun. State's application to terminate Appellant's Drug Court participation reversed with instructions to dismiss.)

Flowers, Edward Jiles v. State, COCA Case No. F-2001-412 (June 24, 2002)
(Admission of other crimes evidence prejudiced the jury and deprived Appellant of a fair trial. Reversed and remanded for a new trial.)

Randell, Guy Franklin v. State, COCA Case No. F-2001-934 (June 24, 2002)
(Judgment affirmed but the Sheriff's fees are vacated and remanded for an evidentiary hearing, where fees can be calculated in accordance with the applicable statute.)

Medlin, Saundra Kaye v. State, COCA Case No. F-2001-558 (June 27, 2002)
(Jury Instructions - Lesser Offenses. Giving First Degree Manslaughter instruction over the objection of Appellant constituted error requiring reversal. Battered woman tried for murder sought verdict for murder or acquittal. Conviction for Heat of Passion Manslaughter reversed and remanded with instructions to dismiss.)

 

  May 2002

Childers, Gary Dean v. Warden Glynn Booher, COCA Case No. HC-2001-0440 (May 9, 2002)
(Order Granting Extraordinary Relief. Sexual Offender Program as now applied by the Dept. of Corrections is unconstitutional in that it violates the right against self-incrimination. Remanded to District Court for further proceedings.)

Harris, John Henry v. State, COCA Case No. F-2001-609 (May 14, 2002)
(Search & Seizure. Entry into residence where Appellant was arrested was in violation of Fourth & Fourteenth amendments. Sufficient exigent circumstances did not exist to sustain warrantless entry. Reversed with Instructions to Dismiss.)

Stargell, Joe Nathan v. State, COCA Case No. F-2001-759 (May 16, 2002)
(Fines, Fees & Costs. Procedure used to impose incarceration fees violated ths statutory provision for imposing such fees. Sheriff's Fees vacated and remanded for evidentiary hearing, where fees can be calculated in accordance with the applicable statute.)

Hawkins, Gavin Lee v. State, COCA Case No. F-2001-264 (May 17, 2002)
(Prosecutorial Misconduct. Twenty year sentence for lewd molestation modified to ten years by reason of an improper prosecutorial closing argument.)

Dowdy, Emily v. State, COCA Case No. F-2001-171 (May 31, 2002)
(Jury Instructions, Theory of Defense. Court's pretrial decision to prohibit involuntary intoxication defense and jury instructions was error, prejudicial, and denied Appellant of a fundamentally fair trial. Reversed and remanded for new trial.)

 

  April  2002

Eddy, Roger Allen Jr. v. State, COCA Case No. F-2001-336 (April 12, 2002)
(Double Jeopardy/Double Punishment; Excessive Sentence; Jury Instructions- misleading/confusing; Simultaneous convictions for manufacturing methamphetamine, possession of methamphetamine and possession of a precursor substance violated state and federal prohibitions against double jeopardy and double punishment. Convictions for possession of precursor and possession of methamphetamine reversed and remanded with instructions to dismiss. Sentence for possession of firearm while in commission of a felony modified because jury was erroneously instructed on the range of punishment.)

Rose, Virgil Clayton v. State, COCA Case No. F-2001-352 (April 12, 2002)
(Double Jeopardy/Double Punishment; Excessive Sentence; Jury Instructions- misleading/confusing; Simultaneous convictions for manufacturing methamphetamine, possession of methamphetamine and possession of a precursor substance violated state and federal prohibitions against double jeopardy and double punishment. Convictions for possession of precursor and possession of methamphetamine reversed and remanded with instructions to dismiss. Sentence for possession of firearm while in commission of a felony modified because jury was erroneously instructed on the range of punishment.)

Kelley, James Calvin v. State, COCA Case No. F-2001-649 & F-2001-650 (April 18, 2002)
(Revocation; Excessive Sentence; Revocation in full failed to take consideration of time already served by previous revocations. Sentence modified to reflect time served.)

Mullins, Jimmy Lee v. State, COCA Case No. F-2001-281 (April 22, 2002)
(Double Jeopardy/Double Punishment; Convictions for both leaving the scene of a fatality accident and leaving the scene of an injury accident when there was only one accident violated double punishment prohibitions. Count for leaving the scene of an injury accident remanded with instructions to dismiss.)

Brown, Donna v. State, COCA Case No. F-2001-687 & RE-2001-887 (April 30, 2002)
(Revocation; Fines, Fees and Costs; Restitution ordered for offenses for which Appellant was never charged or convicted. Summary Order reversing for Evidentiary Hearing on restitution, incarceration fees and costs.

 

    March 2002

Benton, James Loren v. State, COCA Case No. RE-2001-0383 (March 12, 2002)
(Revocation, Insufficient Evidence; State did not prove that Appellant willfully violated the conditions of his probation. Revocation of Appellant's 10 year suspended sentences reversed with instructions to dismiss.)

Monarch, Eddie Craig v. State, COCA Case No. RE-2001-0540 (March 13, 2002)
(Revocation, Excessive Sentence; Trial Court is without jurisdiction to impose additional punishment in the form of 40 more hours of community service because it was not a penalty previously imposed in the judgment and sentence. Community service order vacated.)

Robertson, Steven Wayne v. State, COCA Case No. F-2001-313 (March 13, 2002)
(Prosecutorial Misconduct, Excessive Sentence; Persistent improper comments by the prosecutor in argument require modification of Appellant's sentence. Sentences modified to run concurrently rather than consecutively.)

Sprowls, Shaun Scott v. State, COCA Case No. F-2000-1652 (March 14, 2002)
(Double Jeopardy; Convictions for both manufacturing methamphetamine and manufacturing a precursor substance violated double jeopardy provisions. Sentence and $25,000 fine for manufacturing precursor was reversed with instructions to dismiss and $100,000 Drug Clean-Up Fine was vacated.)

Soto, Albino Rosendo v. State, COCA Case No. M-2001-0393 (March 20, 2002)
(Fines, Fees and Costs; VCA reduced because amount imposed exceeded the statutory maximum.)

Batise, Sherl D. v. State, COCA Case No. F-2001-211 (March 20, 2002)
(Restitution; Trial court erred by failing to determine whether Appellant could pay restitution without imposing manifest hardship, and the evidence was insufficient to allow the trial court to determine restitution with reasonable certainty. Restitution order was vacated and the issue of the amount of the victim's loss was remanded for proper determination.)

Mosley, Daniel Gene v. State, COCA Case No. C-2001-537 (March 20, 2002)
(Double Jeopardy, Guilty Plea; Convictions for possession of two controlled substances in violation of double jeopardy prohibitions was plain error. Conviction on Count II, possession of marijuana, was reversed.)

Dennis, Lamarr Raymond v. State, COCA Case No. C-2001-665 (March 20, 2002)
(Guilty Plea; Petitioner was misled to think he would have to serve 85% of any sentence resulting from trial, when such was not the case, and that erroneous information appears to have been a factor in his decision to plead guilty. Conviction was vacated and remanded to the District Court with instructions to allow Petitioner to withdraw his guilty plea.)

Corder, Linda Kaye v. State, COCA Case No. F-2000-1653 (March 21, 2002)
(Double Jeopardy; Convictions for both manufacturing methamphetamine and manufacturing a precursor substance violated double jeopardy provisions. Sentence and $25,000 fine for manufacturing precursor was reversed with instructions to dismiss and $100,000 Drug Clean-Up Fine was vacated.)

Kliven, Timothy DeWayne and
Jones, Tony Wayne v. State
, COCA Case No. F-2001-283 (March 26, 2002)
(Insufficient Evidence; Evidence presented against both Appellants to prove the crime of conspiracy to manufacture methamphetamine was entirely circumstantial and insufficient to prove that both had an agreement to commit this crime. Judgment and Sentence reversed with instructions to dismiss.)

Tucker, Gary Wesley v. State, COCA Case No. F-2001-210 (March 26, 2002)
(Jury Instructions, Lesser Offenses; Plain error occurred when the trial court failed to give proper jury instructions and the trial judge failed to correctly answer the jury's question of whether they could consider Driving While Impaired if they could not get a unanimous vote on Driving Under the Influence. Count II was reversed and remanded for a new trial.)

Cook, Lewis Aaron v. State, COCA Case No. M-2001-174 (March 26, 2002)
(Pro Se; Trial Court denied Appellant's Sixth Amendment rights by not allowing him to represent himself. Reversed and remanded for new trial.)

Gurley, Terrell Dwayne v. State, COCA Case No. C-2001-341 (March 27, 2002)
(Double Punishment; Convictions for both First Degree Burglary and Robbery with a Firearm arising from the same criminal transaction violates double punishment prohibitions. First Degree Burglary conviction, and corresponding 75 year sentence, was reversed with instructions to dismiss.)

Daughrity, Shihee Hason v. State, COCA Case No. F-2001-230 (March 27, 2002)
(Insufficient Evidence, Jury InstructionsĖMisleading/Confusing; Insufficient evidence to sustain a conviction for false personation. When the basis for the false personation is that the defendant's acts might have subjected the person impersonated to potential liability in some fashion, there must necessarily be a real person who might have been harmed. Count 3 reversed with instructions to dismiss.)

  February 2002

G.S. v. State, COCA Case No. J-2001-878 (February 8, 2002)
(Juvenile Adjudication, record did not show appellant waived right to jury trial. Reversed and remanded for new trial.)

Boone, Marguerietta v. State, COCA Case No. RE-2001-0663 (February 11, 2002)
(Revocation; Excessive Sentence. Revocation affirmed, but sentence modified. Two suspended sentences revoked, running concurrently, but ordered "to run consecutively with new cases." Trial court lacks jurisdiction to include the "consecutive to new cases" provision because it is an additional penalty not encompassed by original judgment and sentence.)

McHam, Harold Edward v. State, COCA Case No. F-2001-46 (February 27, 2002)
(Fines, Fees and Costs; EvidenceĖ Insufficient. Incarceration fees vacated and remanded for hearing. Kidnapping count reversed and remanded with instructions to dismiss for insufficient evidence.)


  January 2002

Muzny, Samuel Leroy v. State, COCA Case No. F-2000-1078, (January 2, 2001)
(Reversed and Remanded. Oklahoma Bureau of Narcotics agents should not have entered defendant's posted, fenced property without a warrant to search for marijuana.)

Fields, Ernie v. State, COCA Case No. RE-2000-1209, (January 7, 2002)
(Revocations affirmed, but revocation of 9 years of kidnapping sentence exceeded the maximum sentence available; remanded for order nunc pro tunc reflecting maximum possible sentence of 7 years.)

Throckmorton, John Henry v. State, COCA Case No. F-2001-49. (January 7, 2002)
(Convictions for both manufacturing methamphetamine and possessing methamphetamine violated statutory prohibition against double punishment; conviction for possession was based upon the same evidence used to convict him of manufacturing; possession charged reversed with instructions to dismiss.)

Hunt, Jason Lee v. State, COCA Case No. RE-2001-180 (January 9, 2002)
(Orders for reimbursement of jail expenses were neither properly requested nor authorized by District Court and thus ordered to be stricken from the record.)

Ezell, James Rickey v. State, COCA Case No. F-2000-1543 (January 11, 2002)
(Trial counselís performance deficient in second stage for failing to object to admission of three transactional prior convictions; 70-year sentence for possession of only slightly more than minimum required for trafficking crack cocaine modified to 40 years.)

Cooper, Harold v. State, COCA Case No. F-2000-1339 (January 18, 2002)
(Appellantís convictions for both possession of cocaine and marijuana, under facts of case, are improper under Watkins v. State, 855 P.2d 141 (Okl.Cr. 1992); Marijuana possession conviction reversed with instructions to dismiss).

Fultz, Roger Dale v. State, COCA Case No. RE-2001-0351 (January 25, 2002)
(Sentences originally ordered to run concurrently erroneously revoked to run consecutively. State confessed error.)



  December 2001

Gorrell, Debra v. State, COCA Case No. F-2000-483, (December 3, 2001)
(Multiple convictions affirmed for drug violations, but the conviction for Maintaining a Dwelling was reversed for a new trial because the jury was improperly instructed Ėinstruction omitted three paragraphs included in OUJI 6-12)

Lamar, Robert Anthony v. State, COCA Case No. F-2000-1262, (December 13, 2001)
(Conviction for Unauthorized Use of a Motor Vehicle AFCFx2, 25 year sentence, Reversed and Remanded for a new trial. Jury should have been instructed on lesser offense of joyriding, both because it was a lesser included offense and because it was the theory of defense.)

Myers, Walker John v. State, COCA Case No. RE-2000-1429, (December 14, 2001)
(Revocation affirmed, but remanded for "more precise order of revocation." Order was unclear whether the balance of the sentence was the one month remaining before suspended sentence expired, or the entire eight months that could have been revoked.)

Owens, Taress Lamont v. State, COCA Case No. F-2000-862, (December 19, 2001)
(Possession of CDS affirmed but $11,000 fine vacated because the amount imposed by the jury exceeded the maximum amount provided by statute. Further, the jury instruction on punishment incorrectly used mandatory language pertaining to the imposition of a fine.)

Rucker, Edgar Lee Jr. v. State, COCA Case No. F-2000-1634 (December 20, 2001)
(Fine modified from $10,000 to $2,500. Trial court had combined punishment ranges and fines from both habitual offender act and drug statutes.)

 

  November  2001

Coburn, Todd v. State, COCA Case No. F-2001-10 (November 13, 2001)
(Sentence Modified. Error in admission of factual details of prior conviction and another crime.)

Keelin, James v. State, COCA Case No. M-2000-1482 (November 21, 2001)
(Misdemeanor Conviction for Transporting an Open Container (of alcohol). Reversed and Remanded with Instructions to Dismiss. Evidence was insufficient to prove that alcohol was being transported on public highway.)

Treat, Kevin v. State, COCA Case No. RE-2000-1470 (November 29, 2001)
(Remanded for Sentencing. Whether sentences run concurrent or consecutive is decision of District Court, not DOC.)

Stout, Jan v. State, COCA Case No. F-2001-319 (November 29, 2001)
(Reversed for New Trial. Prejudice found in prosecutorís misleading statements about testifying co-defendantís plea bargain agreement.)

  October  2001

Baldwin, Tammy v. State, COCA Case No. F-2000-991 (October 2, 2001)
(Possession of Marijuana conviction Reversed and Remanded with Instructions to Dismiss. The appellate court found that multiple convictions for simultaneous possession of methamphetamine and marijuana violated the defendantís Constitutional protection against double jeopardy. Here, the officer found both prohibited substances in the same container, Baldwinís purse. Possession of both items was found not to be "separate and distinct" because the offenses have the same elements and the State used the same evidence to support each conviction.)

J.L.H. v. State, COCA Case No. J-2001-57 (October 2, 2001)
(The Court found the District Court is without authority to impose a crime victim compensation assessment under the juvenile code unless the case involves "criminally injurious conduct." The assessment in this case, which involved an allegation of delinquency for public drunkenness, was vacated.)

McCandless, Shelly v. State, COCA Case No. F-2000-1241 (October 3, 2001)
(Two of three drug possession charges Reversed and Remanded with Instructions to Dismiss. The substances (cocaine, marijuana and methamphetamine) were found in two containers, stacked on top of each other, beneath the couch in McCandlessí residence. The appellate court agreed that the multiple convictions punished McCandless three times for the single offense of possession.)

Powell, Michael v. State, COCA Case No. F-2000-1304 (October 10, 2001)
(Manufacturing Methamphetamine conviction Reversed with Instructions to Dismiss; felony conviction for Maintaining a Place for Keeping or Selling Drugs Modified to a misdemeanor. The appellate court threw out a conviction for manufacturing methamphetamine for insufficient evidence because "the evidence supported no more than Appellantís suspicions regarding that crime" and did not support an aiding and abetting theory. The Court also modified a felony conviction for maintaining a place for keeping or selling drugs to a misdemeanor because the jury instruction omitted an essential element of the felony version of the offense. The jury instruction did not include the element of "knowingly or intentionally," which is required for the felony conviction.)

Crider, Benjamin v. State, COCA Case No. F-1999-1422 (October 11, 2001)
(First degree murder conviction Reversed and Remanded for New Trial. The Court of Criminal Appeals found that expert testimony regarding bitemark and blood evidence was improperly admitted. The appellate court also found that evidence regarding an unsuccessful search for the remains of the purported victim was improperly admitted.)

Kirkpatrick, Robert v. State, COCA Case No. F-2000-1157 (October 12, 2001)
(Assault and Battery with a Dangerous Weapon conviction Reversed and Remanded with Instructions to Dismiss. In this case, the Appellant, who has no other convictions, had been working as a security guard at a dance when a fight broke out. The Court found that had the jury been properly instructed regarding the available defenses, it would not have convicted him of any crime.)

Patton, Virginia v. State, COCA Case No. F-2000-1232 (October 15, 2001)
(Neglect of Minor Child conviction Reversed with Instructions to Dismiss. The appellate court found that the appellantís convictions for Second Degree Murder and Neglect of a Minor Child violated the statutory prohibition against double punishment and the double jeopardy clauses of the state federal constitutions "as the evidence used to support both convictions was the same.")

Fechner, Rosa v. State, COCA Case No. RE-2000-1257 (October 16, 2001)
(The Court ordered the revocation of the defendantís suspended sentence reversed with instructions to dismiss. The Court found the State failed to prove the alleged violation of probation by a preponderance of the evidence.)

Wells, Dustin v. State, COCA Case No. F-2000-805 (October 18, 2001)
(One of three counts of Assault with a Dangerous Weapon Reversed and Remanded with Instructions to Dismiss. The Appellant had been convicted of nine felonies in the district court, and the appellate court did not discuss what proof was lacking in the one count it tossed out. Also of interest, the Court noted that "although the prosecutor committed misconduct by repeatedly calling Appellant a coward and a predator, commenting on Appellantís in-court conduct and demeanor, and sponsoring erroneous identification evidence, we find relief is not warranted as the improprieties did not deprive Appellant of a fair trial or result in a miscarriage of justice. [Citations omitted] We do, however, caution the prosecutor to refrain from such conduct in the future.")

J.J.A. v. State, COCA Case No. J-2001-616 (October 24, 2001)
(Adjudication affirmed, but Modified. Accusedís right to confront witnesses violated when out-of-court admissions of a non-testifying co-defendant were admitted at trial.)

Gravitt, Recil v. State, COCA Case No. F-2000-1308 (October 26, 2001)
(Sentence Modification. The Court found the jury instructions improperly combined the fine provisions of Title 63, Section 2-401 (drug offenses, which unenhanced carry a fine of up to $100,000), with the enhancement provisions of Title 21, Section 51 (the habitual offender statutes, which do not provide for any fine at all). Under the general fine provision of Title 21, Section 64, the maximum fine (if not otherwise established) is $10,000. The Court modified the fine in this case from $100,000 to $10,000.)

Williams, Kathleen v. State, COCA Case No. RE-2000-1512 (October 30, 2001)
(Accelerated Docket Order Reversing and Remanding for Further Proceedings. Error in representation by appointed defense counsel who had previously served as assistant district attorney on same case.)

   September 2001

Carr, Byrin v. State, COCA Case No. F-2000-1163 (September 27, 2001)
(Convictions and sentences Modified. The Court found that the trial court erred in refusing the defendantís requested jury instruction on entrapment. The Court modified the appellantís two convictions for delivery of controlled dangerous substances, to possession of controlled dangerous substances and cut the sentences from 10 years to 5 years imprisonment for each.)

Vivier, Eugene v. State, COCA Case No. C-2001-225 (September 6, 2001)
(Reversed and Remanded for New Hearing on Motion to Withdraw Plea. The Court found "Petitioner made nominal claims that his attorney at the time of his plea and sentencing was ineffective. Whenever such claims are made, one in Petitionerís position is entitled to have another attorney represent him at the hearing on his motion to withdraw plea of guilty. . . . Harmless error analysis can not be applied under these circumstances.")

Schroeder, Larry v. State, COCA Case No. F-2000-515 (September 6, 2000)
(Two counts of kidnapping for purpose of extorting sexual gratification, one count of first degree burglary Reversed with Instructions to Dismiss. "The kidnappings . . . and the sexual assaults . . . were so closely connected as to be inseparable in terms of time, place and casual (sic) relation that the conduct of one tended to be explanatory of each other. The kidnappings became, in effect, an underlying felony which merged as one of the elements of rape, sexual abuse and forcible oral sodomy. As the kidnappings for purpose of extorting sexual gratification was merely the means to commit the other charged offenses, the kidnapping offenses were reversed with instructions to dismiss. The Court also dismissed one count of first degree burglary because the element of "breaking" was not proven.)

Vassar, James v. State, COCA Case No. RE-2000-1566 (September 7, 2001)
(Defendant who was not eligible for suspended sentence because of prior convictions must be given opportunity to withdraw pleas and face trial; if he does not withdraw plea, the sentence must be served without suspension.)

Hampton, Glen v. State, COCA Case No. F-2000-1062 (September 21, 2001)
(The Court found "due to the Stateís failure to specifically show, at trial, that the pointing the firearm offense and the possession of the firearm in the commission of the rape arose out of separate acts, the charge of possession of a firearm in the commission of a felony must be reversed with instructions to dismiss.")

Washington, Lawrence v. State, COCA Case No. F-2001-55 (September 5, 2001)
(The appellate court found that "[s]imultaneous possession of marijuana and money in a penal institution is a single act of possession" and punishment for both violated Washingtonís statutory protection against double punishment. One of the counts was Reversed with Instructions to Dismiss.)

Lowe, Jack v. State, COCA Case No. F-2000-897 (September 21, 2001)
(Rape by Instrumentation Conviction Modified to Lewd Molestation. The Court found the State did not prove beyond a reasonable doubt even slight penetration, which is required to prove rape by instrumentation. The sentence was modified from 1,000 years to life imprisonment.)

McCullough, James v.State, COCA Case No. F-2000-880 (September 19, 2001)
(Sentence modified. The trial court improperly allowed admission of a deferred sentence on a non-drug-related offense for purposes of enhancing the sentence on a marijuana possession charge. The sentence was modified from 10 years to 7 years imprisonment.)

Dubiel, John v. State, COCA Case No. F-2000-1427 (September 5, 2001)
(The Court found that the "simultaneous possession of several false evidences of debt (forged checks) at one place and time is one offense" and vacated two of three convictions for that offense.")

 

   August 2001

Ashlock, David v. State, COCA Case No. F-2000-1138 (August 31, 2001)
(Reversed with Instructions to Dismiss. Defendant was charged with First Degree Manslaughter; over defense objection, the trial court gave a jury instruction on the offense of Assault and Battery with a Dangerous Weapon. The defendant was acquitted of manslaughter, but convicted of the lesser offense. However, precedent exists that the defendant has the "right" to affirmatively waive lesser offense instructions and proceed on an "all or nothing approach." In this case, the defense objected to lesser instruction and sought to waive instruction on lesser offenses.)

Avey, Keith v. State, COCA Case No. F-2000-618 (August 31, 2001)
(The trial court abused its discretion in assessing restitution in the absence of evidence indicating the actual amount of loss suffered by each victim.)

Watkins, Sam v. State, COCA Case No. F-2000-484 (August 23, 2001)
(Reversed and Remanded for New Trial. The appellant was convicted in a bench trial of endeavoring the manufacture methamphetamine. The appellate court found there was no evidence in the record that Appellant knowingly and voluntarily waived his right to a jury trial. The defendantís statements made for the purpose of attempting to enter a no-contest plea, which ultimately fell through, did not indicate an intent to forever waive the Constitutional right to a jury trial. The case was remanded.)

Richardson, Thomas v. State, COCA Case No. F-2000-1531 (August 30, 2001)
(Sentence for unlawful possession of diazepam was modified because the sentence imposed by the jury exceeded the statutory maximum (due to misinstruction).)

Bucsok, Randy v. State, COCA Case No. F-2000-1156 (August 28, 2001)
(Reversed and Remanded for New Trial. Trial court abused discretion in refusing to allow two defense witnesses to testify; one witness was excluded on grounds of competence (the witness was a child), and the other was excluded because trial counsel had failed to notify the State after learning of a change in the witnessís anticipated testimony (the court found the sanction of excluding the testimony on these facts "too severe." )

Biby, Robert v. State, COCA Case No. RE-2000-1170 (August 10, 2001)
(Accelerated Docket Order Reversing and Remanding Order Revoking Suspended Sentence with Instructions to Dismiss. The State failed to timely file the application to revoke the suspended sentence, thus depriving the trial court of jurisdiction over the matter.)

Wisner, Robert v. State, COCA Case No. F-2000-1313 (August 31, 2001)
(One count Reversed and Remanded with Instructions to Dismiss. Appellantís right to be free from double jeopardy was violated by his separate convictions for possession of marihuana and possession of dihydrocodeinone (under case law prohibiting multiple convictions for possession of different types of drugs in a single package).

Brown, Jeffrey v. State, COCA Case No. F-2000-771 (August 6, 2001)
(Affirmed, but the appellate court found the trial judge "abused his discretion by failing to consider a concurrent sentence, based solely upon Appellantís decision to exercise his Constitutional right to a jury trial." The court found the error harmless, however, based upon the particular facts and prior criminal history of the defendant.)


  July 2001

Laster Jr., Bernard v. State, COCA Case No. F-2000-617 (July 2, 2001)
(Accelerated Docket Order vacating acceleration of deferred sentence on offense to which the defendant never pleaded guilty or was convicted at trial. (Offense was dismissed as part of a larger plea bargain and erroneously included in acceleration).)

Brown, Sherman v. State, COCA Case No. MA-2001-117 (July 3, 2001)
(Order granting Extraordinary Writ of Mandamus/Prohibition, dismissing Bill of Particulars and precluding the State from seeking death penalty in retrial of murder case reversed on appeal, where the jury previously found the existence of aggravating circumstance(s) but rejected death sentence.)

Haunschild, Rick v. State, COCA Case No. F-2000-740 (July 6, 2001)
(Attempted escape from private prison subject to lesser penalty than attempted escape from a statutorily listed penal institution. Compare Title 21, Sections 42, 443 and 436. Editorís Note: This opinion modified the sentence from 3 Ĺ years to 2 years imprisonment. On July 26, 2001, Petition for Rehearing was granted, and the sentence ultimately was modified to one year in county jail.)

McManus Jr., Jerry v. State, COCA Case No. F-2000-912 (July 10, 2001)
(Judgments and Sentences Modified. Jury instructions on First Degree Rape by Instrumentation erroneously omitted element of "bodily injury," so juryís conviction of two counts of this offense were modified to Second Degree Rape by Instrumentation, which does not require proof of the missing element. The sentences on these counts were modified from life imprisonment to 15 years each.)

Rose, Mitchell v. State, COCA Case No. F-2000-821 (July 10, 2001)
(Reversed and Remanded for Resentencing. Error in failure to comply with requirements of pre-sentence investigation required new sentencing proceeding.)

Smothermon, Gene v. State, COCA Case No. F-2000-998 (July 10, 2001)
(Sentence Modified from 75 years to 30 years. Court found prosecutor erred when he ended his closing argument with "may God go with you" and by injecting his personal opinion of guilty and by arguing that the jury should send Appellant a message, referencing the probability of Appellant committing future crimes. Court agreed with trial court that juryís imposition of 75 years was excessive; although Court found that trial court was without authority to impose a lesser sentence than that recommended by the jury, the Court exercised its authority in ordering the same modification.)

Guinn, Tony v. State, COCA Case No. F-2000-939 (July 20, 2001)
(Sentences modified to run concurrently. Defendant convicted of two counts of workersí compensation fraud based upon fraudulent statements to different doctors, but court rejected double jeopardy claim.)


  June 2001

Lindsey, Eric v. State, COCA Case No. RE-2001-318 (June 6, 2001)
(Revocation affirmed, but order that defendant be denied good time credits was vacated because it exceeded the district courtís authority and violated separation of powers clause. Additionally, issue of incarceration fees remanded for hearing in compliance with statute and to determine "manifest hardship.")

Barnes, Robert v. State, COCA Case No. F-2000-671 (June 7, 2001)
(Convictions for both Assault and Battery with Dangerous Weapon and Maiming violated the statutory prohibition against double punishment. Accordingly, and the maiming conviction was reversed with instructions to dismiss.)

Cheadle, Rodney v. State, COCA Case No. F-2000-386 (June 70, 2001)
(Multiple counts Reversed with Instructions to Dismiss and/or Modified. Evidence insufficient to prove First Degree Murder "in furtherance" of drug dealing; conviction modified to Solicitation of Murder and sentence modified from life without parole to life imprisonment. Conspiracy to Commit First Degree Murder conviction Reversed with Instructions to Dismiss as violative of double jeopardy in conjunction with the solicitation conviction. Evidence insufficient to prove offenses of Illegal Use of Police Radio and Possession CDS with Intent to Distribute.)

Dean, Albert v. State, COCA Case No. F-2000-948 (June 7, 2001)
(Sentence modified from 25 years to10 years imprisonment because the State improperly presented rebuttal evidence that "did not explain, repel, disprove or contradict facts given in evidence by an adverse party." In sexual abuse prosecution, over objection, State presented rebuttal testimony that allowed jury to infer other crimes unrelated to the prosecution.)

Andrews, Christopher v. State, COCA Case No. F-2000-451 (June 8, 2001)
(Reversed and Remanded for New Trial. Jury erroneously was allowed to separate and go home at night (over objection) during the midst of deliberations.)

Baucom Jr., Larnell v. State, COCA Case No. C-1999-766 (June 12, 2001)
(Order Granting Certiorari and requiring District Court to Grant Request to Withdraw Guilty Plea. Majority simply states counsel for the defendant was ineffective and the defendant was prejudiced. According to Judge Lileís dissent, the defendant asserted that the plea was involuntarily entered because of defense counselís error in advising client that he would be sentenced under the Delayed Sentencing Program for Young Adults.)

Phipps, Ronald v. State, COCA Case No. F-2000-796 (June 20, 2001)
(Fine vacated. Court finds no statutory authority for imposition of fine for Possession of Marijuana. General fine provision in Title 21 cannot be combined with statutory punishments set forth outside Title 21.

Raymond, Anthony v. State, COCA Case No. F-2000-861 (June 27, 2001)
(Modification of fine. Enhancement of sentence under habitual offender statutes can be combined with general statutory provision in Title 21 allowing for a fine of up to $10,000 to be imposed for any offense. Imposition of a fine higher than $10,000 modified.

Horn, Alfred v. State, COCA Case No. F-2000-335 (June 29, 2001)
(Sentences modified to run concurrently. At sentencing, trial court should consider all facts available, including prior criminal history of defendant, in making the decision whether to run the sentences concurrently.)


  May 2001

Vananden, Christopher v. State, COCA Case No. F-2000-446 (May 4, 2001)
(Reversed and Remanded for New Trial. Erroneous admission of other crimes evidence, which failed to meet any exception for admission and for which there was no clear and convincing proof, required reversal.)

Miller, Donald v. State, COCA Case No. F-2000-692 (May 10, 2001)
(Sentence modified. Sentence of 50 years for Injury to Public Building excessive because it "shocks the conscience of the court." Court modified it to run concurrently with, rather than consecutively to, 200-year sentence for Escape from County Jail.)

B.D.S. v. State, COCA Case No. J-2001-80 (May 14, 2001)
(Order denying Appellantís Motion for Certification as a Youthful Offender Reversed and Remanded with instructions to Certify Appellant as a Youthful Offender. Court found the record failed to show that the State complied with basic statutory provisions concerning service on and notice of rights to Appellantís parent, guardian or next friend. Court also found that district courtís decision to deny Youthful Offender status was influenced by external issues of lack of funding and lack of secure facilities and services available in the youthful offender system.)(As noted in the dissent, Appellant was a 16-year-old charged with first degree murder.)


  April 2001

Buckley, Daniel v. State, COCA Case No. F-2000-310 (April 6, 2001)
(Accelerated Docket Order affirming acceleration of deferred sentence, by modifying judgment to run concurrently, rather than consecutively, with sentence in another case.)

Stanard, Jesse v. State, COCA Case No. F-1999-1084 (April 12, 2001)
(Conviction for Assault and Battery with Intent to Kill Reversed and Remanded for New Trial, other counts affirmed. Because Appellant and co-defendant had mutually antagonistic defenses, a severance was necessary to preserve Appellantís right to a fair trial on this count.)

Smith, Charles v. State, COCA Case No. F-2000-599 (April 13, 2001)
(Restitution Order Modified. Order requiring restitution failed to take into account payments prior to the court order, and was modified to reflect those payments.)

Anderson, Jeffrey v. State, COCA Case No. RE-2000-688 (April 17, 2001)
(Accelerated Docket Order reversing revocation of suspended sentence because revocation hearing was not held within 20 days of the defendantís entry of a plea and record failed to disclose a waiver of the statutory 20-day rule.)

Crittenden, Sidney v. State, COCA Case No. F-2000-152 (April 17, 2001)
(One of two counts of Lewd Molestation Reversed and Remanded with Instructions to Dismiss. Although the victim stated "it happened more than once," the evidence was insufficient to sustain two separate counts of lewd molestation occurring in the time frames charged in the Information.)

Goshay, Anthony v. State, COCA Case No. C-2000-35 (April 18, 2001)
(Certiorari Granted; Record reflects that guilty plea was entered with understanding that State would not seek enhancement of sentence unless defendant withdrew the plea. Counsel, prosecutor and trial court assured defendant he could withdraw plea at sentencing, but that State could then enhance his sentence with prior convictions. Under these circumstances, defendantís wish to withdraw his plea must be honored.)

Nuckols, Jackie v. State, COCA Case No. F-1999-1615 (April 18, 2001)
(Conviction for Manufacturing or Attempted Manufacturing of Methamphetamine Reversed and Remanded for New Trial. Admission of improper evidence regarding a stale prior conviction, an evidentiary harpoon of other crimes evidence and deficient performance by counsel relating to a motion for continuance and motion to withdraw as counsel deprived Appellant of a fair trial.)

Crase, Kenneth v. State, COCA Case No. F-2000-367 (April 19, 2001)
(Conviction for Manufacturing Methamphetamine Reversed and Remanded with Instructions to Dismiss. Evidence was insufficient to show Crase was a principal in the manufacture of methamphetamine; "mere presence at or acquiescence to a crime does not equal a crime.")

Crase, Kevin v. State, COCA Case No. F-2000-365 (April 19, 2001)
(Conviction for Manufacturing Methamphetamine Reversed and Remanded with Instructions to Dismiss. Evidence was insufficient to show Crase was a principal in the manufacture of methamphetamine; "mere presence at or acquiescence to a crime does not equal a crime.")

Stratmoen, Joe v. State, COCA Case No. F-2000-292 (April 24, 2001)
(Sentence Modified. Offense of Possession of Firearm in the Commission of a Felony (Title 21, Section 1287), was enacted as a way to enhance punishment for the primary offense, thus it is not subject to enhancement under the habitual offender statutes.)

Betts, Robert v. State, COCA Case No. C-2000-1344 (April 26, 2001)
(Certiorari Granted with regard to several convictions because of a lack of factual basis to support those offenses.)

 

March 2001

Wright, Jeremy v. State, COCA Case No. RE-2000-434 (March 9, 2001)
(Accelerated Docket Order Reversing Revocation of suspended sentence. Revocation hearing was not held within 20 days of the defendantís plea on the application, and the record did not reflect a waiver of the 20-day rule.

Ellison, Walter v. State, COCA Case No. RE-2000-1034 (March 15, 2001)
(Accelerated Docket Order. Trial court erred in issuing a new Judgment and Sentence upon revocation of suspended sentence; reversed for withdrawal of new judgment and sentence and entry of revocation order..

Franklin, Cortez v. State, COCA Case No. F-2000-341 (March 20, 2001)
(Conviction for Possession of CDS Reversed and Remanded with Instructions to Dismiss. Evidence was seized pursuant to an unreasonable detention under the Fourth Amendment. Per the dissent, the defendant was standing in an apartment complex and turned to leave and made a throwing motion when he saw the police officers pull into the parking lot.)

Bristol, Kenneth v. State, COCA Case No. RE-2000-252 (March 21, 2001)
(Revocation of Suspended Sentence Reversed and Remanded to District Court. Defendant, who posted appeal bond after acceleration of deferred sentence, was subsequently revoked for violating terms of probation imposed after the acceleration. Evidence was insufficient to show that the Judgment and Sentence was final because appeal was never consummated, but appeal bond was never revoked.)

Boles, Michael v. State, COCA Case No. RE-2000-1010 (March 28, 2001)
(Revocation Modified. In appeal from revocation, it was determined that defendant was sentenced to greater than the statutory maximum sentence on two crimes; sentences were modified accordingly.)

Mims, Robert v. State, COCA Case No. RE-2000-920 (March 28, 2001)
(Revocation Reversed and Remanded. District Court lacks jurisdiction to sua sponte "review" probationerís progress on suspended sentence and revoke the sentence without the State filing an application to revoke.)

 

February 2001

Hobbs, Michael v. State, COCA Case No. RE-1999-1556 (February 1, 2001)
(Revocation Modified to reflect satisfaction of all fees, fines and costs. Court finds no merit in one of the factual reasons relied upon for revocation, but finds other grounds relied upon by trial court supported revocation.)

Young, Hugo v. State, COCA Case No. RE-2000-251 (February 2, 2001)
(Revocation Modified from full revocation of 20-year sentence to revocation of 8 years, with remainder to be served on probation. Court agrees partial revocation was warranted by defendantís failure to timely report to sexual offender treatment as required by terms of probation.)

Farris, Nikisha v. State, COCA Case No. C-2000-750 (February 5, 2001)
(Sentence Modified. Court finds 100 year sentence imposed for Robbery in the First Degree to be excessive, and orders it modified to 30 years.)

Hulsey, Charlie v. State, COCA Case No. RE-2000-841 (February 8, 2001)
(Revocation Order Modified. Sentences originally ordered to be run concurrently at time of plea bargain and Judgment and Sentence cannot later be ordered to run consecutively when they are revoked.)

Johnson, Sean v. State, COCA Case No. F-1999-1465 (February 8, 2001)
(Conviction Modified. Contradictory and misleading jury instruction constituted plain error and required modification of one conviction, but not other counts.)

Davenport, Heather v. State, COCA Case No. F-2000-213 (February 9, 2001)
(Conviction for Carrying CDS into Jail Reversed and Remanded with Instructions to Dismiss. Evidence was insufficient to demonstrate that the defendant "knowingly" transported contraband (i.e., that she knew that the package she delivered had contraband inside).)

Bryson, Jeffery v. State, COCA Case No. RE-2000-0392 (February 16, 2001)
(Revocation, Sentences Modified. Sentences imposed for Lewd Molestation exceeded the statutory maximum, and Court modified them to the maximum 20 years.)


January 2001

Holmes, Carl v. State, COCA Case No. F-1999-1260 (January 3, 2001)
(Possession of Marijuana conviction Reversed and Remanded for New Trial. Trial court erred in admitting Appellantís prior marijuana conviction in the first stage to prove Appellantís guilt for possession of marijuana (second and subsequent offense). Error harmless on other counts.)

Carter, William v. State, COCA Case No. F-1999-1293 (January 4, 2001)
(Two counts of Lewd Acts Reversed and Remanded with Instructions to Dismiss. Filing of additional counts barred by statute of limitations.)

Tillis, Damean v. State, COCA Case No. F-1999-1654 (January 4, 2001)
(Possession of Marijuana with Intent to Distribute conviction Modified to misdemeanor marijuana possession conviction. Small amount of marijuana and small pair scales did not sufficiently prove element of distribution.)

Ford, Frank v. State, COCA Case No. M-2000-230 (January 8, 2001)
(Reversed and Remanded for Sentencing in accord with Jury Verdict. Jury imposed 90 days, but trial court sentenced defendant to one year with all but 90 days suspended. The trial court is without authority to alter the jury verdict on sentencing, so long as jury verdict is within statutory limits.)

M.G. v. State, COCA Case No. J-2000-690 (January 11, 2001)
(Juvenile delinquency adjudication Reversed and Remanded; proceedings void because of failure to properly serve parent/guardian of juvenile.)

Brumley, Susan v. State, COCA Case No. RE-2000-630 (January 12, 2001)
(Revocation Reversed and Remanded with Instructions to Dismiss. Trial court lacked jurisdiction to revoke a suspended sentence where the original charge against the defendant had been dismissed and not re-filed.)

Clark, Sidney v. State, COCA Case No. F-2000-282 (January 26, 2001)
(Conviction, Sentences Modified. Evidence of prior convictions (judgment and sentences from another state bearing same name as defendant) insufficient for enhancement of conviction.)

Hulbutta, Matthew v. State, COCA Case No. M-2000-115 (January 31, 2001)
(One count Reversed and Remanded with Instructions to Dismiss. Information alleged two assault and batteries on same date, but Stateís proof showed one offense on date alleged in the Information and evidence of a separate assault on an earlier date. Second count reversed because evidence failed to prove second assault on date alleged in the information.)

Patterson, Katherine v. State, COCA Case No. M-1999-569 (January 31, 2001)
(Possession of Paraphernalia conviction Reversed and Remanded for Insufficient evidence. Defendant, in a car where drugs were found, had syringes in her purse. However, defendant had legal prescription for medication that required injection. Evidence insufficient to prove syringes were for illegal use.)

 

April 1999

Romo, Johnnie Edward v. State, COCA Case No. O-98-461 (April 13, 1999)
(Revocation) State did not exercise due diligence in prosecuting application to revoke. State allowed Appellant's suspended sentences to expire before actually obtaining his presence in open court, even though his whereabouts were readily apparent. Reversed and remanded with instructions to dismiss.