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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: Mon, 19 Feb 2018 02:09:44 GMT

 



BROWN v. STATE, D-2014-705, 2018 OK CR 3

Thu, 15 Feb 2018 21:00:00 CST

¶1 Appellant, Fabion Demargio Brown 1 , was charged conjointly with Brodric Lontae Glover and Emily Ann Matheson with two counts of first degree murder in violation of 21 O.S.2011, § 701.7 , and one count of conspiracy to commit murder in violation of 21 O.S.2011, § 421 , in the District Court of Oklahoma County, Case No. CF-2012-938. 2 The State filed a Bill of Particulars alleging two aggravating circumstances: (1) the defendant knowingly created a great risk of death to more than one person; and (2) the defendant committed the murder for remuneration or the promise of remuneration or employed another to commit the murder for remuneration or the promise of remuneration. 21 O.S.2011, § 701.12 (2) and (3).



SMITH v. STATE, F-2016-184, 2018 OK CR 4

Thu, 15 Feb 2018 21:00:00 CST

¶1 Appellant, Michael Lee Smith, was tried by a jury in Wagoner County District Court, Case No. CF-2014-451, and convicted of Count II: Possession of Controlled Dangerous Substance in the Presence of a Minor, After Former Conviction of Two or More Felonies, in violation of 63 O.S.Supp.2012, § 2-402 (C); and Count III: Unlawful Possession of Drug Paraphernalia, in violation of 63 O.S.2011, § 2-405 . 1 At the conclusion of second stage proceedings, the jury recommended Smith be sentenced to twelve (12) years imprisonment and a $2,000.00 fine on Count II; and one (1) year in the county jail and a $1,000.00 fine on Count III. The Honorable Thomas H. Alford, District Judge, sentenced Smith in accordance with the jury's verdict and ordered the sentences to be served concurrently. Smith now appeals, raising two (2) propositions of error before this Court:



THOMPSON v. STATE, F-2016-982, 2018 OK CR 5

Thu, 15 Feb 2018 21:00:00 CST

¶1 Kendall Ray Thompson was tried by jury and convicted of Counts I and II, Manslaughter in the First Degree in violation of 21 O.S.2011, § 711 , and Count III, Failure to Stop at a Stop Sign (Misdemeanor) in violation of 47 O.S.2011, § 11-201 , all after former conviction of two or more felonies, in the District Court of Haskell County, Case No. CF-2014-74. In accordance with the jury's recommendation the Honorable Brian C. Henderson sentenced Thompson to twenty (20) years imprisonment on each of Counts I and II, to be served concurrently, and a fine of $5.00 on Count III. Thompson must serve 85% of his sentences on Counts I and II before becoming eligible for parole consideration. Thompson appeals from these convictions and sentences.



STATE v. STRAWN, S-2016-963, 2018 OK CR 2

Thu, 08 Feb 2018 21:00:00 CST

¶1 On February 25, 2016, Appellee Kelly Strawn, was charged with Count 1: Unlawful Possession of Controlled Drug With Intent to Distribute, in violation of 63 O.S.Supp.2012, § 2-401 (B)(2); and Count 2: Driving with a Cancelled, Suspended or Revoked License, in violation of 47 O.S.2011, § 6-303 (B), in the District Court of Okmulgee County, Case No. CF-2016-75. Strawn was bound over at preliminary hearing on the felony charge. Strawn thereafter filed a motion to suppress all narcotics evidence arising from the traffic stop of his vehicle. District court arraignment was held August 5, 2016. Strawn then filed supplemental authority with the district court in support of his motion to suppress. On October 7, 2016, a hearing was held on Strawn's motion to suppress. At the conclusion of this hearing, the Honorable Kenneth E. Adair, District Judge, granted the motion to suppress and, upon the State's oral notice of its intent to appeal, stayed further proceedings in the case.



IN RE REVISON OF PORTION OF RULES OF COURT OF CRIMINAL APPEALS, CCAD-2018-1, 2018 OK CR 1

Mon, 05 Feb 2018 21:00:00 CST

¶1 We find that revision of Rule 5.2 and Rule 5.3(B) of the Rules for the Oklahoma Court of Criminal Appeals is necessary for the timely preparation of the record on appeal in post-conviction appeals. Pursuant to the provisions of Section 1051(b) of Title 22 of the Oklahoma Statutes, we hereby revise, adopt, promulgate and republish portions of the Rules of the Oklahoma Court of Criminal Appeals , 22 O.S., Ch. 18, App. (2018), as set forth as follows:



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, 406 P.3d 30

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, 406 P.3d 27

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).