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Preview: Oklahoma Court of Criminal Appeals Cases

Oklahoma Court of Criminal Appeals Cases



The last 10 published decisions for the Oklahoma Court of Criminal Appeals Cases



Last Build Date: Thu, 23 Nov 2017 15:33:52 GMT

 



BARNES v. STATE, F-2016-298, 2017 OK CR 26

Wed, 22 Nov 2017 21:00:00 CST

¶1 Appellant Travis Dillion Barnes was tried and convicted by a jury in Nowata County District Court, Case No. CF-2014-124, for the crimes of Count 1: First Degree Burglary, in violation of 21 O.S.2011, § 1431 ; and Count 2: First Degree Rape, in violation of 21 O.S.2011, §§ 1114 , 1115. The jury recommended Barnes be sentenced to fifteen (15) years imprisonment and a $10,000.00 fine on Count 1; and life imprisonment without the possibility of parole on Count 2. The Honorable Curtis L. DeLapp, District Judge, sentenced Barnes in accordance with the jury's recommendations and further imposed a $1,000.00 fine on Count 2. 1 Judge DeLapp additionally ordered Count 1 to run consecutive to Count 2, imposed various costs and fees, and ordered Barnes to register as a sex offender. Barnes now appeals. We AFFIRM Barnes' convictions, but VACATE his sentences and REMAND FOR RESENTENCING .



STATE v. GILCHRIST, S-2016-623, 2017 OK CR 25

Thu, 09 Nov 2017 21:00:00 CST

¶1 On August 4, 2015, George Wesley Gilchrist, Jr., was charged with thirteen (13) counts of Cruelty to Animals, in violation of 21 O.S.2011, § 1685 , in the District Court of Grant County, Case No. CF-2015-21. Gilchrist was bound over at preliminary hearing on all counts. Gilchrist thereafter filed a motion to quash alleging, inter alia , that he could only be charged with a single count of Cruelty to Animals because the evidence showed the dogs in question were all found in one location and that their care had been abandoned for roughly the same period of time. The State filed a responsive pleading to the motion to quash and a hearing was held on the matter on July 6, 2016. At the conclusion of this hearing, the Honorable Paul K. Woodward, District Judge, sustained the motion to quash and dismissed Counts 2- -13.



STATE v. KISTLER, PR-2017-518, 2017 OK CR 24

Wed, 25 Oct 2017 21:00:00 CST

¶1 The State of Oklahoma, Petitioner, has filed a petition for writ of prohibition, or in the alternative, writ of mandamus, asking this Court to prohibit the Respondent, the Honorable Stephen Kistler, Associate District Judge, from enforcing his order requiring the State to dismiss one count of either Burglary in the First Degree, or Robbery With a Firearm and proceed to trial on only one charge in Case No. CF-2016-364 in the District Court of Payne County.



WILLIS v. STATE, F-2016-521, 2017 OK CR 23

Thu, 31 Aug 2017 21:00:00 CST

¶1 Appellant Oscar Dale Willis was tried by jury and convicted of Offering and/or Soliciting Sexual Conduct with a Minor by Use of Technology ( 21 O.S.2011, § 1040.13a ) in the District Court of Oklahoma County, Case No. CF-2015-961. At the conclusion of trial, the jury did not recommend a prison sentence, but did recommend a four thousand dollar ($4,000.00) fine. The trial court sentenced accordingly. It is from this Judgment and Sentence that Appellant appeals.



SANCHEZ v. STATE, PCD-2017-666, 2017 OK CR 22

Tue, 22 Aug 2017 21:00:00 CST

¶1 Anthony Castillo Sanchez, Petitioner, was tried by jury and found guilty of Count 1, first degree murder, in violation of 21 O.S.Supp.1996, § 701.7 (A); Count 2, first degree rape, in violation of 21 O.S.1991, § 1114 (A)(3); and Count 3, forcible sodomy, in violation of 21 O.S.Supp.1992, § 888 (B)(3), in Cleveland County District Court, Case No. CF-2000-325. The jury found three aggravating circumstances 1 and sentenced Petitioner to death in Count 1, forty (40) years imprisonment and a $10,000 fine in Count 2, and twenty (20) years imprisonment and a $10,000 fine in Count 3. The Honorable William C. Hetherington, District Judge, pronounced the judgment and sentence on June 6, 2006. On December 14, 2009, this Court affirmed. Sanchez v. State , 2009 OK CR 31 , 223 P.3d 980 . The Supreme Court denied certiorari in Sanchez v. Oklahoma , 562 U.S. 931, 131 S.Ct. 326, 178 L.Ed.2d 212 (2010).



IN RE RETIREMENT OF THE HONORABLE ARLENE JOHNSON, CCAD-2017-6, 2017 OK CR 21, 400 P.3d 906

Tue, 01 Aug 2017 21:00:00 CST

¶1 NOW, on this 1 st day of August, 2017, the Oklahoma Court of Criminal Appeals, sitting en banc to honor the stewardship of Judge Arlene Johnson for her many years of service to the citizens of the State of Oklahoma, directs the following comments of her colleagues and citation of appreciation to be spread of record to commemorate her steadfast devotion to the Oklahoma Judicial System.



WITHEROW v. STATE, F-2016-211, 2017 OK CR 20

Tue, 25 Jul 2017 21:00:00 CST

¶1 It has come to the Court's attention that Judge Lumpkin's separate writing in the above styled and numbered cause, Witherow v. State , 2017 OK CR 17, ___ P.3d ___, was incorrectly recorded. The record of his writing should read as follows:



BOSSE v. STATE, D-2012-1128, 2017 OK CR 19

Mon, 24 Jul 2017 21:00:00 CST

¶1 Shaun Michael Bosse was tried by jury and convicted of Counts I, II and III, First Degree Murder in violation of 21 O.S.Supp.2009, § 701.7 (A); and Count IV, First Degree Arson in violation of 21 O.S.2001, § 1401 (A), in the District Court of McClain County, Case No. CF-2010-213. For each of Counts I-III, the jury found that Bosse knowingly created a great risk of death to more than one person, that each murder was heinous, atrocious or cruel, and that each murder was committed for the purpose of avoiding or preventing a lawful arrest or prosecution. In accordance with the jury's recommendation the Honorable Greg Dixon sentenced Bosse to three sentences of death (Counts I-III), and thirty-five (35) years imprisonment and a fine of $25,000.00 (Count IV), to run consecutively. This Court affirmed Bosse's convictions and sentences. Bosse v. State , 2017 OK CR 10 , __ P.3d __.



FREDERICK v. STATE, D-2015-15, 2017 OK CR 18

Fri, 23 Jun 2017 21:00:00 CST

¶1 It has come to the Court's attention that Judge Smith's vote in the above styled and numbered cause, Frederick v. State , 2017 OK CR 12, ___ P.3d ___, was incorrectly recorded. The record of her vote should read as follows:



WITHEROW v. STATE, 2017 OK CR 17, 400 P.3d 902

Thu, 15 Jun 2017 21:00:00 CST

¶1 Bruce Esley Witherow, Appellant, was tried by jury and found guilty of Count 1, trafficking in illegal drugs, after two (2) or more prior felony drug convictions, in violation of 63 O.S.Supp.2014, § 2-415 ; Count 2, use of surveillance equipment to avoid detection, after former conviction of two (2) or more felonies, in violation of 21 O.S.2011, § 1993 (C); and Count 3, unlawful possession of drug paraphernalia, a misdemeanor, in violation of 63 O.S.2011, § 2-405 , in the District Court of Washington County, Case No. CF-2015-186. The jury sentenced Appellant to life without parole and a $25,000.00 fine in Count 1, four (4) years imprisonment in Count 2, and a $1,000.00 fine in Count 3. The Honorable Curtis L. DeLapp, District Judge, pronounced judgment and ordered the sentences served concurrently. Mr. Witherow appeals.