SENTENCE, EXCESSIVE

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.)

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.

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.

Bennett, Harry v. State, COCA Case No. RE-1988-1478, (Nov. 19, 1999)
(Revocation, Excessive Sentence, exceeded statutory maximum)

Birmingham, Joe Lee v. State, COCA Case No. F-2008-214 (March 13, 2009) (Sentence, Excessive) Trial court’s failure to sufficiently instruct the jury, specifically 85% rule, was prejudicial. Sentences modified.

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.

Boehn, Thomas v. State, COCA Case No. C-1999-595, (Dec. 2, 1999)
(Guilty Plea, Knowing and Voluntary, error in punishment)

Boles, Michael v. State, COCA Case No. RE-2000-1010, (March 28, 2001)
(Revocation, Excessive Sentence, exceeded statutory maximum)

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.

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.

Boone, Marguerietta v. State, COCA Case No. RE-2001-0663 (February 11, 2002)
(Revocation / Excessive Sentence)

Bratcher, Allen Eugene v. State, COCA Case No. F-2009-794 (April 22, 2011)
(Prosecutorial Misconduct; Sentence, Excessive) Prosecutor’s statements during his second closing were improper appeals for sympathy for the victim...the remarks provided a foundation for the request6 of a 70 year sentence, which COCA also deemed "excessive." Sentence modified to 30 years.

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

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.

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.

Brown, Antoine v. State, COCA Case No. O-1998-435, 436, 437, (July 9, 1999)
(Revocation, Sentence, consecutive vs. concurrent)

Brown, Jeffrey v. State, COCA Case No. F-2000-771, (Aug. 6, 2001)
(Affirmed, but error found in refusal to consider concurrent sentences because defendant had exercised right to trial).

Brown, Sherman v. State, COCA Case No. MA-2001-117, (July 3, 2001)
(Double Jeopardy, Sentencing, Death Penalty, Retrial)

Bruton, John v. State, COCA Case No. F-1999-807, (July 6, 2000)
(Sentence, legality)

Bryson, Jeffrey v. State, COCA Case No. RE-2000-0392, (Feb. 16, 2001)
(Revocation, Excessive Sentence, exceeded statutory maximum)

Buckley, Daniel v. State, COCA Case No. F-2000-0310, (April 6, 2001)
(Revocation, Sentence, consecutive vs. concurrent)

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

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.

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.

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.

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.

Campbell, Billy Ray v. State, COCA Case No. RE-2009-239 (December 8, 2010)
(Revocation/Acceleration Decisions; Sentence, Excessive) District Court’s order revoking the suspension orders in full and allowing the sentences to be served consecutively resulted in an excessive sentence. Sentences modified to be served concurrently.

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.

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."

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.

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

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.

Chance, Lonnie Sie v. State, COCA Case No. F-2010-1123 (September 23, 2011)
(Fines, Fees and Costs; Prosecutorial Misconduct; Sentencing, Excessive; Evidence, Other Crimes) Error in the introduction of prior J&S and "pen pack" with improper references to pardon and parole combined with prosecutor’s argument was plain error requiring modification. Misdemeanor sentence modified because it was not subject to enhancement. Remanded for restitution hearing to determine actual loss.

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.

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.

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

Coburn, Todd v. State, COCA Case No. F-2001-10, (Nov. 13, 2001)
(Sentence, evidence of prior conviction improperly admitted in second stage)

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.

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.

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.

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 re-sentencing because the trial court refused to consider all sentencing options (i.e. concurrent sentences).

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.

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.

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

Detrick, Jay v. State, COCA Case No. F-1999-311, (Feb. 14, 2000)
(Sentence, Excessive, First Degree Rape)

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.

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.

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.

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.

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

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.

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

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.

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

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.

Ellison, Walter v. State, COCA Case No. RE-2000-1034, (March 15, 2001)
(Revocation; Error to issue new Judgment and Sentence upon revocation)

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.

Etchieson, Lee Ann v. State, COCA Case No. C-1998-1242, (Aug. 5, 1999)
(Guilty Plea, Knowing and Voluntary, error in punishment range)

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.

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.

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.)

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.

Farris, Nikisha v. State, COCA Case No. C-2000-750, (Feb. 5, 2001)
(Guilty Plea, Excessive Sentence)

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.

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.)

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.

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.

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.

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.

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.

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.)

Ford, Frank v. State, COCA Case No. M-2000-230, (Jan. 8, 2001)
(Sentence, cannot impose more than jury verdict)

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.

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

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.

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.

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

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.

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

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.

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.

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

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.

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.)

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.

Hackney, Wynee v. State, COCA Case No. F-1999-699, (April 19, 2000)
(Revocation, excessive sentence)

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.

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.

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

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.

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.

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.

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.

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.

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.

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

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

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.

Hulsey, Charlie v. State, COCA Case No. RE-2000-841, (Feb. 8, 2001)
(Revocation, consecutive vs. concurrent)

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.

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.)

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."

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.

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.

Jones, Charles Bert Jr. v. State, COCA Case No. C-2008-273 (April 10, 2009)
(Guilty Plea Decisions; Sentence, Excessive) Plea not knowing and voluntary because it was based on client’s understanding that counsel had talked to the trial judge and judge agreed to a more favorable sentence than what was imposed.

Jones, Lanna Sue v. State, COCA Case No. RE-1999-1369, (May 10, 2000)
(Revocation, cannot extend suspended sentence beyond expiration of original sentence)

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.

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

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.)

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.

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.

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.

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.

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.

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.

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.

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.

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.

Littleton, Timi v. State, COCA Case No. C-1999-528, (Nov. 19, 1999)
(Guilty Plea, Sentence modified, exceeded statutory maximum)

Loftis, Embry Jay v. State, COCA Case No. F-2009-1067 (February 23, 2011)
(Sentence, Excessive; Sentence, Abuse of Discretion; Evidence, Other Crimes) Plain error found in prosecutor’s closing argument, which "improperly and unmistakably called to the jury’s attention that Appellant did not serve his full sentence on his prior conviction." Trial court abused discretion in allowing introduction of "transactional" prior felonies. Sentence modified.

Mahaffey, James Lyman v. State, COCA Case No. F-2010-267 (July 19, 2011)
(Prosecutorial Misconduct; Sentence, Excessive) Prosecutor reading Bible verses that had been referenced, but not read into evidence, was plain error and prejudicial. Prosecutor’s explanation of what a "life" sentence meant misstated the meaning of the 85%. Sentences modified to run concurrently.

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.

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.

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.

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

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.

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.)

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.

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.

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.

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

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.

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.

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.

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.

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.

McManus, Ed DeWayne v. State, COCA Case No. C-2002-652 (September 27, 2002)
(Guilty Plea; Sentence - Excessive.) Amendments to 21 § 51.1 were not considered when paperwork for plea was filled out. Petitioner could not have knowingly and voluntarily entered a plea without knowing the correct punishment range. Counts for 2^nd 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.

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.

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.

Miller, Donald v. State, COCA Case No. F-2000-692, (May 10, 2001)
(Excessive Sentence, modified from consecutive to concurrent)

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

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.

Mitchell, Michael v. State, COCA Case No. RE-99-446, (Nov. 19, 1999)
(Revocation, sentence exceeded statutory maximum)

Monarch, Eddie Craig v. State, COCA Case No. RE-2001-0540 (March 13, 2002)
(Revocation, Excessive Sentence; no jurisdiction to impose additional punishment.)

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.

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.

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.

Morgan, Paul Delmer v. State, COCA Case No. F-2003-717 (October 21, 2004)
(Sentence, Excessive) Trial court improperly.

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.

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

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.

Newnam, Crystal v. State, COCA Case No. F-1998-1197, (Oct. 4, 1999)
(Acceleration, Sentence Excessive)

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.

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.

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.

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

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.)

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

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

Phipps, Ronald v. State, COCA Case No. F-2000-796, (June 20, 2001)
(Sentence, no statutory authority for fine for possession of marijuana)

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.

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.

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.

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.

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.

Raymond, Anthony v. State, COCA Case No. F-2000-861, (June 27, 2001)
(Sentence, Excessive, modification of fine)

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

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.

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

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.

 Robertson, Steven Wayne v. State, COCA Case No. F-2001-313 (March 13, 2002)
(Prosecutorial Misconduct, Excessive Sentence; Persistent improper comments by prosecutor require modification of sentence.)

Richardson, Thomas v. State, COCA Case No. F-2000-1531, (Aug. 30, 2001)
(Sentence, Excessive, exceeded statutory maximum)

Rogers, Donald v. State, COCA Case No. F-1999-485, (May 12, 2000)
(Evidence, Other Crimes; Sentence, Excessive)

Rose, Mitchell v. State, COCA Case No. F-2000-821, (July 10, 2001)
(Sentence, Pre-Sentence Investigation required)

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

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.

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

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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

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.

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.

- V,W,X,Y,Z -

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.

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

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.

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.

Ward, Markeese Kreashawmn v. State, COCA Case No. C-2010-77 (May 4, 2011)
(Revocation - Drug Court; Sentence, Excessive) After plea of guilty, defendant was ordered to Delayed Sentencing Program for Young Adults but did not successfully complete the program. One year later, trial court gave defendant a second chance to try RID, and sanctioned to five months in County Jail. COCA holds that trial court’s effort to give a "second chance" was, in fact, the time at which sentence was imposed, which could not later be increased.

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.

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.

Webb, Jason Lee v. State, COCA Case No. RE-2010-10 (April 5, 2011)
(Revocation/Acceleration Decisions; Sentence, Excessive; Youthful Offender) Based on State’s agreement that sentence must be modified because revocation of five years failed to take into consideration the three years and twenty-one days previously served as a Youthful Offender; thus only four years and forty-four days could be revoked.

Wlliams, Michael v. State, COCA Case No. F-1997-1740, (March 8, 2000)
(Sentence, Excessive, modification from life to 25 years)

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.

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.

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.

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

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

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.

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.

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.

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.

Young, Hugo v. State, COCA Case No. RE-2000-251, (Feb. 2, 2001)
(Revocation, excessive sentence, abuse of discretion)