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.
Day, Chavis Lenard v. State, COCA Case No.
F-2007-526 (November 19, 2008)
(Sentencing) 85% Rule does not apply to attempted robbery offenses.
Dickey, Timmy Howard v. State, COCA Case No.
F-2011-1019 (April 24, 2013)
(Sentencing) Judgment and Sentence modified to incest instead of child
sexual abuse, where no evidence that uncle was person "responsible for health,
safety or welfare" of niece.
Drennon, III, L.V. v. State, COCA Case No.
F-2007-1253 (December 11, 2008)
(Jury Instructions, Misleading/Confusing; Sentencing) Jury instructions
incorrectly set forth the range of punishment. Sentence modified.
Fomby, Charles Clifton v. State, COCA Case No.
F-2005-855 (August 14, 2006)
(Evidence, Other Crimes; Sentencing; Prosecutorial Misconduct) Error in
modifying OUJI-CR 10-21 to include the amount of time defendant served on prior
convictions, together with prosecutorial misconduct, required modification of
sentences from 60 years on two counts, consecutive, to 30 years on each count,
Frias, Sylvia Coronado v. State, COCA Case No.
F-2005-718 (May 24, 2007)
(Sentencing) Trial court increased sentence assessed by jury. No one
objected to this alteration of the jury verdict. Remanded with instructions to
correct sentence to conform to verdict.
Frierson, Sedrick v. State, COCA Case No.
(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.
Gatewood, Clarence Andre v. State, COCA Case No.
F-2005-829 (November 17,
(Sentencing; Jury Instructions, Other) Court erred in failing to instruct on
the 85% Rule. Sentence modified.
Hudson, Zachary Michael v. State, COCA Case No.
F-2005-440 (August 15, 2006)
(Sentencing) Trial 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
Kasiah, Richard A. v. State, COCA Case No.
RE-2005-863 (November 3, 2006)
Revocation/Acceleration Decisions; Sentencing) Sentences to be served
concurrently on probation were revoked in error to be served consecutively.
Sentences modified to run concurrently.
Lindsay, Charles Earl v. State, COCA Case No.
F-2005-252 (August 30, 2006)
(Due Process; Evidence, Sufficiency; Sentencing) Error in escorting
defendant into court and out of court in handcuffs in the presence of jurors;
victim was never "threatened" with the alleged imitation firearm; and failure of
trial court to instruct on 85 percent rule all contributed to Courtís decision
to modify sentence.
Locust, Johnny Freddy v. State, COCA Case No.
F-2004-997 (April 3, 2006) (Jury Instructions, Other; Sentencing) Since the case was
pending on direct review when Anderson was decided, the jury
should have been informed of the 85% rule. Sentence modified sua sponte based on
the "principle of equal treatment among similarly situated Appellants whose
cases are pending on direct review."
Moore, Edgar Allen v. State, COCA Case No.
F-2005-1031 (November 8, 2006)
(Evidence, Sufficiency; Sentencing; Jury Instructions, Other) Mere
possession of stolen property not sufficient to prove KCSP. State must prove
defendant has knowledge property is stolen. Count Dismissed. Court erred in
failing to instruct on the 85% Rule. Sentence modified.
Nelson, David Lynn v. State, COCA Case No.
(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
Nimmo, Eric Matthew v. State, COCA Case No.
(August 3, 2006)
(Sentencing) Error in admission of transactional prior felonies warranted
modification from 35 years to 25 years. State argued for jury to punish the
defendant as a "three-time convicted felon, when two priors were transactional."
Payton, Dara D. v. State, COCA Case No.
(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.
(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
Watie, Denise Sue v. State, COCA Case No.
F-2005-129 (April 3, 2006)
Instructions, Other; Sentencing) Upon timely and specific
request, jury should have been informed of the 85% rule. Sentence modified.