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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: Fri, 21 Sep 2017 20:58:43 GMT

 



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

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

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.



IN RE RETIREMENT OF THE HONORABLE CLANCY SMITH, CCAD-2017-4, 2017 OK CR 11

Thu, 01 Jun 2017 21:00:00 CST

¶1 NOW, on this 1 st day of June, 2017, the Oklahoma Court of Criminal Appeals, sitting en banc to honor the stewardship of Judge Clancy Smith 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.



ASHTON v. STATE, F-2016-15, 2017 OK CR 15

Thu, 01 Jun 2017 21:00:00 CST

¶1 Appellant, Isaac Luna Ashton, was tried by jury and convicted of First Degree Murder (Counts 1 & 2) ( 21 O.S.Supp.2012, § 701.7 (A)) and Carrying a Weapon Unlawfully (Count 4) ( 21 O.S.Supp.2013, § 1272 ) in District Court of Tulsa County Case Number CF-2014-4108. 1 The jury recommended as punishment imprisonment for life without the possibility of parole in both Count 1 and Count 2. The jury further recommended incarceration in the county jail for thirty (30) days in Count 4. The trial court sentenced Appellant accordingly, ordered the sentence in Count 4 to run concurrent with Counts 1 and 2, and ordered the sentences in Counts 1 and 2 to run consecutively. It is from these judgments and sentences which Appellant appeals.



BAIRD v. STATE, F-2015-939, 2017 OK CR 16

Thu, 01 Jun 2017 21:00:00 CST

¶1 Appellant David Lee Baird was tried and convicted by a jury in the District Court of Comanche County, Case No. CF-2013-493, for the crimes of Count 1: First Degree Murder, in violation of 21 O.S.Supp.2012, § 701.7 (A); Count 3: Unlawful Desecration of Dead Body, in violation of 21 O.S.2011, § 1161.1 ; Count 4: Forging Certificate of Title, in violation of 47 O.S.2011, § 4-109 ; and Count 5: Obtaining Food Stamps by Fraud, in violation of 56 O.S.2011, § 243 (A)(6). 1 The jury recommended Baird be sentenced to life imprisonment without the possibility of parole on Count 1; seven (7) years imprisonment and a fine of $8,000.00 on Count 3; a fine of $5,000.00 on Count 4; and three (3) months in the county jail and a fine of $500.00 on Count 5. The Honorable Gerald Neuwirth, District Judge, sentenced Appellant in accordance with the jury's verdicts and ordered that Counts 1 and 3 run consecutively to each other, and that Count 5 run concurrently with Count 1. Baird now appeals. We affirm.