February 2014 Monthly Opinion
Cox, Joseph Leonard Jr. v. State, COCA Case No. C-2013-309 (February 11, 2014)
(Guilty Plea Decisions; Sentence, Excessive) Remanded to correct Judgment and Sentence to reflect credit for time served to conform with oral pronouncement of sentence.
Fleming, David Lynn v. State, COCA Case No. F-2012-1014 (February 11, 2014)
(Sentence, Excessive; Prosecutorial Misconduct) Sending unredacted judgments and sentences to the jury was error. Sentence modified to 30 years.
Harjo, Earnest Cheparney v. State, COCA Case No. RE-2013-261 (February 19, 2014)
(Revocation/Acceleration Decisions; Sentence, Excessive) Error to revoke suspended sentence based on violations for which he had already been punished. Reversed.
House, Richard Allen II v. State, COCA Case No. M-2012-416 (February 11, 2014)
(Pro Se; Abuse of Discretion; Ineffective Assistance of Counsel) Misdemeanor conviction reversed and remanded for lack of record of waiver of counsel and questionable determination of lack of indigence.
James, Henry Jr. v. State, COCA Case No. F-2012-559 (February 26, 2014)
(Double Jeopardy/Double Punishment) Possession of two types of drugs in same container can only result in one conviction. Conviction for possession of marijuana reversed with instructions to dismiss.
McCollough, Danyale Lamont v. State, COCA Case No. RE-2012-0601 (February 4, 2014)
(Revocation/Acceleration Decisions; Evidence, Sufficiency) Plain error for district court to revoke suspended sentence solely by taking judicial notice of evidence heard in another case. Reversed and remanded for further proceedings.
Meyer, Jacob Keith v. State, COCA Case No. RE-2012-1032 (February 25, 2014)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocation affirmed but one count remanded for resentencing because sentence exceeded the statutory maximum.
Pershall, Amon Walden v. State,, COCA Case No. RE-2013-279 (February 21, 2014)
(Revocation/Acceleration Decisions; Due Process) Revocation reversed for violation of 20-day rule.
Pollard, Omar Sharrod v. State, COCA Case No. F-2012-732 (February 26, 2014)
(Sentence, Excessive; Prosecutorial Misconduct; Evidence, Other Crimes) Inclusion of numerous transactional prior felonies and information regarding the suspended sentences on those cases. Sentence modified from 40 years to 25 years.
Solis, Gabriel Brian v. State, COCA Case No. C-2012-1165 (February 11, 2014)
(Guilty Plea Decisions; Ineffective Assistance of Counsel; Abuse of Discretion) Abuse of discretion to deny a hearing on a motion to withdraw plea. Remanded for hearing.
State v. Haley, Stephen Joseph, COCA Case No. S-2013-140 (February 20, 2014)
(State Appeals; Statutory Construction) State sought to allow enhancement of misdemeanor marijuana to a felony by suing any prior drug conviction as an enhancer. Statutory language clearly required the prior conviction to be a violation of the same section (marijuana possession). District Court order affirmed.
State v. Johns, David, COCA Case No. S-2013-315 (February 21, 2014)
(State Appeals) Opinion answering State’s Reserved Question of Law. Trial court is not authorized to cut short a deferred judgment under 22 O.S. 991(c).
Thornton, Jonas Alan v. State, COCA Case No. F-2011-962 (February 27, 2014)
(Judge, Recusal) Consultation with attorney who subsequently became the trial judge required the trial judge to recuse from the non-jury trial. Reversed and remanded for new trial.
Washington, Maurice Cortez Jr. v. State, COCA Case No. F-2013-326 (February 25, 2014)
(Ineffective Assistance of Counsel; Sentence, Excessive) Sentence modified because probation and parole was injected into closing arguments.
Wright, Darnell Lamar v. State, COCA Case No. F-2012-170 (February 14, 2014)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Convictions for robbery with a firearm and assault while masked in one act violate 21 O.S.2001, § 21. Conviction for assault while masked reversed.
