of guilty and recommended as punishment eight years imprisonment. The trial court sen- tenced accordingly. From this judgment and sentence Jon paul Robert Owens has perfected his appeal. AFFIRMEd. Opinion by: Smith, v.p.J.; Lewis, p.J., Concur; Lumpkin, J., Concur; C. Johnson, J., Concur; A. Johnson, J., Concur.
C-2012-401 — Eddie Jo dean Spears, peti- tioner, entered pleas of nolo contendere to two counts of First degree Rape in Case Nos. CF-2011-49 & CF-2011-67, in the district Court of Coal County. After hearing testimony and argument the court sentenced petitioner to life imprisonment on each charge, and ordered the sentences to be served concurrently. petitioner filed a request to withdraw his pleas, which was denied. This appeal followed. The petition for writ of Certiorari is dENIEd and the Judg- ment and Sentence of the trial court is AFFIRMEd. Opinion by: C. Johnson, J.; Lewis, p.J., Concurs; Smith, v.p.J., Concurs; Lumpkin, J., Concurs; A. Johnson, J., Concurs.
F-2011-1061 — paul Troy Roppolo, Appel- lant, was tried by jury for the crimes of Count 1: Kidnapping and Count 2: Assault and Bat- tery with a dangerous weapon, both After Conviction of Two or More Felonies, in Case No. CF-2010-4733, in the district Court of Tulsa County. The jury returned a verdict of guilty and recommended as punishment four years imprisonment on Count 1 and twenty years imprisonment on Count 2. The trial court sen- tenced accordingly ordering the sentences to be served consecutively. From this judgment and sentence paul Troy Roppolo has perfected his appeal. AFFIRMEd. Opinion by: C. John- son, J.; Lewis, p.J., Concurs in Results; Smith, v.p.J., Concurs; Lumpkin, J., Concurs in Results; A. Johnson, J., Concurs.
Friday, April 26, 2013
F-2012-408 — Appellant, Tara Natel Richard- son, was tried in a non-jury trial before the Honorable Lee Card, Associate district Judge, district Court of Carter County, Case Number CF-2011-75, and convicted of Attempted First degree Robbery (Count I), and Unauthorized Use of vehicle (Count II). The Court sentenced Appellant to imprisonment for ten (10) years, with all but the first four (4) years suspended in Count I and imprisonment for four (4) years in Count II. The trial court ordered the sen- tences to run concurrently. It is from these judgment and sentences that Appellant appeals. The Judgment and Sentences are hereby AF-
FIRMEd. This matter is REMANdEd to the trial court with instructions to enter an order
nunc pro tunc correcting the Judgment and Sen- tences to accurately reflect that Appellant’s convictions followed a non-jury trial. Opinion by: Lumpkin, J.; Lewis, p.J., concur; Smith, J., concur; C. Johnson, J., concur; A. Johnson, J., concur.
Monday, April 29, 2013
F-2011-558 — Tye Nichole Shafer, Appellant, was tried by jury for the crimes of First degree Murder (Count 4), Child Neglect (Count 5), and two counts of Enabling Child Abuse (Counts 6 and 7) in Case No. CF-2009-5643 in the district Court of Oklahoma County. The jury returned a verdict of guilty and recom- mended as punishment life imprisonment on Count 4, seven years imprisonment on Count 5, three years imprisonment on Count 6, and one year imprisonment on Count 7. The trial court sentenced accordingly and ordered the sen- tences in Counts 5, 6, and 7 to run concurrently with each other but consecutively to the sen- tence in Count 4. From this judgment and sen- tence Tye Nichole Shafer has perfected her appeal. The Judgment and Sentence of the dis- trict Court is AFFIRMEd. Opinion by: A. John- son, J.; Lewis, p.J., concurs; Smith, v.p.J., concurs; Lumpkin, J., concurs; C. Johnson, J., concurs.
RE-2011-669 — In the district Court of Okla- homa County, Case No. CF-2008-1410, Timothy Tyrone Tippett, Appellant, entered a plea of guilty to driving Under the Influence of Alco- hol, a second or subsequent offense. On July 23, 2008, pursuant to a plea agreement, the Honorable d. Fred doak, Special Judge, sen- tenced Appellant to five (5) years imprison- ment, all suspended except for the first six (6) months conditioned on written rules of proba- tion. On July 12, 2011, the Honorable Ray C. Elliott, district Judge, revoked the suspension order in full. Appellant appeals the final order of revocation. AFFIRMEd. Opinion by: A. Johnson, J.; Lewis, p.J., concurs; Smith, v.p.J., concurs; Lumpkin, J., concurs; C. Johnson, J., concurs in results.
F-2011-407 — Kevin Maurice Brown, Appel- lant, was tried by jury for five counts of Rob- bery with a Firearm (Counts 1, 2, 6, 7 and 8), two counts of possession of a Firearm, after former conviction of a felony (Counts 3 and 9), one count of First degree Robbery (Count 4), and one count of Attempting to Elude a police Officer (Count 10) in Case No. CF-2010-1191
in the district Court of Tulsa County. The jury returned a verdict of guilty and recommend- ed as punishment life imprisonment and a $10,000.00 fine on Counts 1, 2, 4, 6, 7 and 8, life imprisonment and a $5,000.00 fine on Counts 3 and 9, and one year imprisonment and a $2,000.00 fine on Count 10. The trial court sentenced accordingly and ordered the sentences to be served consecutively. From this judgment and sentence Kevin Maurice Brown has perfected his appeal. The Judgment and Sentence of the district Court is AFFIRMEd on Counts 1, 2, 3, 4, 6, 7, 8, and 10. The Judgment and Sentence on Count 9 is REvERSEd. This Court’s order of January 18, 2012, granting Brown’s Request to File pro Se Supplemental Brief is vACATEd as improvidently granted and the request is now dENIEd. Opinion by: A. Johnson, J.; Lewis, p.J., concurs; Smith, v.p.J., concurs; Lumpkin, J., concurs in results; C. John- son, J., concurs.
F-2011-951 — Appellant Roscoe L. Morris was tried by jury and convicted of Assault and Battery with a dangerous weapon, After For- mer Conviction of a Felony (Counts I, II, and III) and Eluding a police Officer (Count Iv) in the district Court of Tulsa County, Case No. CF-2011-2237. The jury recommended as pun- ishment twenty (20) years imprisonment in each of Counts I, II and III, and one year imprisonment and a two thousand dollar ($2,000.00) fine in Count Iv. The trial court sen- tenced accordingly, ordering the sentences to run consecutively. It is from this judgment and sentence that Appellant appeals. The Judg- ments and Sentences are AFFIRMEd. The
Motion for Supplementation of Record and Request to Remand for Evidentiary Hearing is dENIEd. Opinion by: Lumpkin, J.; Lewis, p.J., concur; Smith, v.p.J., concur in result; C. Johnson, J., concur in result; A. Johnson, J., concur in result.
F-2011-1140 — Appellant, Jeffery duane Maynard, was tried by jury and convicted of Manufacturing a Controlled dangerous Sub- stance (Methamphetamine), After Former Con- viction of Two or More Felonies, in the district Court of Tulsa County, Case Number CF-2010- 4103. The jury recommended as punishment imprisonment for fifty (50) years and a fine in the amount of $100,000.00. The trial court sen- tenced accordingly. It is from this judgment and sentence that Appellant appeals. AF- FIRMEd. Opinion by: Lumpkin, J.; Lewis, p.J., concur; Smith, v.p.J., concur in result; C. John-
son, J., concur in result; A. Johnson, J., concur in result.
Tuesday, April 30, 2013
F-2011-696 — donald Michael Reeser, Appel- lant, was tried by jury for the crime of First degree Murder, in Case No. CF-2009-893, in the district Court of Cleveland County. The jury returned a verdict of guilty and recom- mended as punishment life imprisonment. The trial court sentenced accordingly. From this judgment and sentence donald Michael Reeser has perfected his appeal. AFFIRMEd. Opinion by: C. Johnson, J.; Lewis, p.J., Concurs in Results; Smith, v.p.J., Concurs; Lumpkin, J., Concurs in Results; A. Johnson, J., Concurs.
RE-2011-1086 — In the district Court of Tulsa County, Case No. CF-2009-4600, Marcus Lee Thomas, Appellant, entered a plea of guilty to Unlawful possession of Controlled drug (Co- caine). On November 25, 2009, pursuant to a plea agreement, the Honorable Clifford Smith, Special Judge, sentenced Appellant to four (4) years imprisonment and a fine of $500.00, but he suspended execution of the sentence of imprisonment conditioned on written rules of probation. On November 28, 2011, the Honor- able Kurt g. glassco, district Judge, revoked the suspension order in full. Appellant appeals the final order of revocation. AFFIRMEd. Opin- ion by: A. Johnson, J.; Lewis, p.J., concurs; Smith, v.p.J., concurs; Lumpkin, J., concurs; C. Johnson, J., concurs.
F-2011-628 — On May 25, 2006, in the district Court of Kay County, Case No. CF-2008-558, Joseph Cornelius Jackson, Appellant, entered a plea of guilty to Unlawful possession of Con- trolled drug (Marijuana) with Intent to distrib- ute, After Former Conviction of Two or More Felonies. pursuant to a plea agreement, the Honorable d.w. Boyd, district Judge, deferred sentencing pending Appellant’s completion of the Kay County drug Court program. On July 5, 2011, Judge Boyd terminated Appellant from drug Court and sentenced Appellant to fifteen (15) years imprisonment. Appellant appeals the final order of termination. AFFIRMEd. Opinion by: A. Johnson, J.; Lewis, p.J., concurs; Smith, v.p.J., concurs; Lumpkin, J., concurs in part and dissents in part; C. Johnson, J., con- curs.
F-2012-0444 — Appellant, Tommy Jay Ste- vens, pled guilty July 18, 2005, to Unlawful possession of Marijuana in Cleveland County district Court Case No. CF-2005-66. Following
successful completion of the delayed Sentenc- ing program, Appellant was given a five year deferred sentence on February 6, 2006, with rules and conditions of probation. The State filed a motion to accelerate the Judgment and Sentence on August 13, 2007. Following an acceleration hearing on January 13, 2010, Appellant’s deferred sentence was accelerated. Appellant was sentenced to three years in the department of Corrections, all suspended, except for forty-five days at the Cleveland County detention Center, with credit for time served and with supervision for two years. On November 24, 2010, Appellant was charged with Knowingly Concealing Stolen property in Cleveland County district Court Case No. CF-2010-1689. The State filed a motion to revoke Appellant’s suspended sentence in Case No.CF-2005-66 on February 11, 2011. In Cleve- land County district Court Case No. CF-2011- 361, Appellant was charged on March 16, 2011, with Count 1 – Falsely personate Another to Create Liability, Count 2 – Obstructing Officer, Count 3 – Intersection violation – Stop or yield, a misdemeanor, and Count 4 – driving with License Cancelled, Suspended, Revoked, a mis- demeanor. On July 13, 2011, Appellant con- fessed the probation violations alleged in Case No. CF-2005-66, and entered pleas of guilty in Cleveland County Case Nos. CF-2010-1689 and CF-2011-361. The misdemeanor counts in CF-2011-361 were dismissed. Appellant was admitted to the Cleveland County drug Court program, drug Court Case No. dC-2011-37. On March 16, 2012, the State filed a motion to terminate Appellant from drug Court. Follow- ing a hearing on May 7, 2012, the Honorable Tracy Schumacher, district Judge, terminated Appellant from drug Court. Appellant was sentenced to three years in Case No. CF-2005- 66, five years in Case No. CF 2010-1689, and five years in Case No. CF-2011-361. The sen- tences were ordered to run concurrently. Appel- lant appeals from the termination from drug Court. The termination of Appellant from drug Court in Cleveland County district Court Case Nos. CF-2005-66, CF-2010-1689, and CF-2011- 361, drug Court Case No. dC-2011-37, is AFFIRMEd. Opinion by: Lumpkin, J.; Lewis, p.J., concur; Smith, v.p.J., concur; C. Johnson, J., concur; A.Johnson, J., concur.
M-2011-1088 — Appellant, philip Hiner, was charged in the district Court of Cimarron County, Case No. CM-2010-39, with driving a Motor vehicle while Under the Influence of Alcohol, 47 O.S. § 11-902(A)(2), a misdemeanor.
Following a bench trial before the Honorable Ronald Kincannon, Associate district Judge, on September 2, 2011, Appellant was found guilty. He was sentenced on November 28, 2011, to one year with credit for time served and with all but fifteen days suspended, with rules and conditions of probation, and a $700.00 fine. Appellant appeals from the Judgment and Sentence imposed. Judgment and Sentence AFFIRMEd. Opinion by: C. Johnson, J.; Lewis, p.J., Concurs; Smith, v.p.J., dissents; Lumpkin, J., Concurs; A. Johnson, J., Concurs.
F-2012-315 — gary wayne Bales, Appellant, was tried by jury in the district Court of Osage County, in Case No. CF-2010-241, for the crimes of First degree Manslaughter (Count I), pos- session of Controlled Substance – Marijuana (Count II), Unlawful possession of drug para- phernalia (Count III), Consumption by person Under Twenty-One in public place (Count Iv) and Transporting Opened Container of Beer (Count v). The jury found Bales guilty on Counts I, III and Iv and acquitted him on Counts II and v. The jury assessed punishment at eight years imprisonment on Count I; six months and a $500.00 fine on Count III and thirty hours of community service and a $300.00 fine on Count Iv. The trial court sentenced Bales accordingly ordering the sentences imposed on Counts I and III be served concurrently and that the sentence imposed on Count Iv be served with- in six months from his release from confine- ment. From this judgment and sentence gary wayne Bales has perfected his appeal. AFFIRMEd. Opinion by: C. Johnson, J.; Lewis, p.J., Concurs; Smith, v.p.J., Concurs; Lumpkin, J., Concurs; A. Johnson, J., Concurs.
Wednesday, May 1, 2013
F-2012-180 — Sean Jason durham, Appel- lant, was tried by jury for the crime of Lewd Molestation of a Child Under the Age of 16 in Case No. CF-2010-1050 in the district Court of Tulsa County. The jury returned a verdict of guilty and recommended as punishment 20 years imprisonment and a fine of $10,000. The trial court sentenced accordingly. From this judgment and sentence Sean Jason durham has perfected his appeal. AFFIRMEd. Opinion by: Smith, v.p.J.; Lewis, p.J., Concur; Lumpkin, J., Concur; C. Johnson, J., Concur; A. Johnson, J., Concur.
F-2011-756 — In the district Court of dela- ware County, Case No. CF-2010-325, Steven Brad potter, Appellant, entered a plea of nolo
contendere to Maiming, After Former Convic- tion of a Felony. On January 25, 2011, the Hon- orable Robert g. Haney, district Judge, deferred Appellant’s sentencing for three (3) years under written conditions of probation. Thereafter, the State alleged that Appellant had violated his probation by committing new offenses, and following a hearing on the State’s motion, Judge Haney sustained the motion, accelerated sentencing, pronounced a judgment of guilt, and on June 1, 2011, sentenced Appellant to ten (10) years imprisonment with all but the first seven (7) years of that term suspended. Appel- lant appeals the final order of acceleration. AFFIRMEd. Opinion by: Smith, v.p.J.; Lewis, p.J., Concur; Lumpkin, J., Concur; C. Johnson, J., Concur; A. Johnson, J., Concur.
RE-2011-0795 — Appellant, Jesse Hopkins, III, pled guilty on February 23, 2004, in Okla- homa County district Court Case No. CF-2003- 4037 to two counts of Using a vehicle to Facili- tate the Intentional discharge of a Firearm (drive by Shooting). He was given a ten year suspended sentence on each count, with rules and conditions of probation. The sentences were ordered to run concurrently with each other and with Oklahoma County Case No. CF-2003-4588. On June 29, 2011, the State filed an application to revoke Appellant’s suspend- ed sentences alleging Appellant committed a new violation of the law: “in del City, State of Oklahoma, police incident number 2011004923, Count 1: Assault and Battery with a deadly weapon, Count 2: Assault and Battery with a deadly weapon, Count 3: Assault and Battery with a deadly weapon, Count 4: possession of a Firearm, AFCF.” Following a revocation hear- ing on August 18, 2011, the Honorable Ray C. Elliott, district Judge, revoked Appellant’s sus- pended sentences in full. Appellant appeals. The revocation of Appellant’s suspended sen- tences is AFFIRMEd. Opinion by: Smith, v.p.J.: Lewis, p.J., Concur; Lumpkin, J., Concur; C. Johnson, J, Concur; A. Johnson, J., Concur.
C-2012-432 — Terry Lee Ledbetter, petitioner, entered an Alford plea to an amended charge of First-degree Manslaughter in Case No. CF- 2009-515 in the district Court of garfield Coun- ty. He was sentenced to 45 years imprisonment with all but the first 30 years suspended. Led- better timely filed a motion to withdraw his plea, and at the conclusion of a hearing held May 15, 2012, Ledbetter’s motion to withdraw plea was denied. From this judgment and sen- tence Terry Lee Ledbetter has perfected his
certiorari appeal. petition for writ of Certiorari and Application for an Evidentiary Hearing dENIEd; case REMANdEd for correction of the Judgment and Sentence through an order
nunc pro tunc by the district court to accurately reflect that the sentencing court ordered that petitioner be given credit for time served. Opinion by: Smith, v.p.J.; Lewis, p.J., Concur; Lumpkin, J., Concur in Result; C. Johnson, J., Concur; A. Johnson, J., Concur.
RE-2011-0850 — On January 26, 2004, Appel- lant, Jeremiah dewayne Johnson, entered a blind plea of guilty in washington County dis- trict Court Case No. CF-2003-34, to Count 2 – Lewd Molestation. Count 1 – Rape, First degree (Under 14) was dismissed. Appellant was sen- tenced to ten years, with three years to serve and the balance suspended, with rules and conditions of probation. Appellant was also fined $400.00. The State filed a motion to revoke Appellant’s suspended sentence on July 29, 2011. Following a revocation hearing on September 9, 2011, the Honorable Curtis L. deLapp, district Judge, revoked Appellant’s suspended sentence in full. Appellant appeals the revocation of his suspended sentence. The revocation of Appellant’s suspended sentence is AFFIRMEd. Opinion by: Smith, v.p.J.: Lewis, p.J., Concur; Lumpkin, J., Concur; C. Johnson, J., Concur; A. Johnson, J., Concur.
RE-2011-0914 — Appellant, Joel Allen Blevins, pled guilty on december 16, 2003, in Ottawa County district Court Case No. CF-2003-386 to Count 1 – Manufacture of CdS within 2000 Feet of School, a felony, Count 2 – possession of CdS within 2000 Feet of School, a felony, and Count 3 – Unlawful possession of drug paraphernalia, a misdemeanor. The Honorable william Culver, Special Judge, sentenced Appellant to twenty years with all but the first ten years suspended on Counts 1 and 2, with rules and conditions of probation. The counts were ordered to run con- currently. Appellant was fined a total of $100,100.00: $49,000.00 of $50,000.00 was sus- pended on Counts 1 and 2 and he was fined $100.00 on Count 3. In Ottawa County district Court Case No. CF-2003-540, Appellant pled no contest on April 7, 2004, to Child Sexual Abuse. Judge Culver sentenced Appellant to fifteen years, suspended except for five years, with rules and conditions of probation, and a $1,000.00 fine. On August 3, 2011, the State filed a motion to revoke Appellant’s suspended sen- tence in each of the above cases. Following a revocation hearing on October 5, 2011, Judge
Culver revoked Appellant’s suspended sentenc- es in full. Appellant appeals from the revocation of his suspended sentences. The revocation of Appellant’s suspended sentences is AFFIRMEd. Opinion by: C. Johnson, J.; Lewis, p.J., Concurs; Smith, v.p.J., Concurs; Lumpkin, J., Concur; A. Johnson, J., Concurs.
F-2012-0367 — On July 29, 2009, Appellant, Timothy Lee gray, pled guilty in pottawatomie County district Court, Case No. CF-2009-64, to possession of a Stolen vehicle. He was sen- tenced to seven years in the department of Corrections but sentencing was delayed pend- ing successful completion of drug Court. In pottawatomie County district Court, Case No. CM-2011-291, Appellant pled guilty to Obtain- ing Cash or Merchandise by Bogus Check/ False pretenses. He was sentenced to a one year deferred sentence with rules and condi- tions of probation. The State filed an applica- tion to accelerate Appellant’s deferred sentence in Case No. CM-2011-291 on November 15, 2011. In Case No. CF-2009-64, the State filed an application to terminate Appellant from par- ticipation in the pottawatomie County drug Court program and to accelerate Appellant’s sentencing on december 13, 2011. Following a combined hearing for Case Nos. CF-2009-64 and CM-2011-291, on April 10, 2012, the Hon- orable dawson Engle, Special Judge, granted the State’s motion to terminate Appellant from the pottawatomie County drug program in Case No. CF-2009-64 and granted the State’s motion to accelerate Appellant’s deferred sen- tence in CM-2011-291. Appellant was sentenced to seven years in the department of Correc- tions in Case No. CF-2009-64 and to one year in the County Jail in Case No. CM-2011-291. The sentences were ordered to run concurrently. Appellant appeals from the termination from drug Court in Case No. CF-2009-64 and from the acceleration of his deferred sentence in Case No. CM-2011-291. Appellant’s termina- tion from drug Court in Case No. CF-2009-64 and the acceleration of his deferred sentence in CM-2011-291 are AFFIRMEd. Opinion by: C. Johnson, J. Lewis, p.J.: Concurs; Smith, v.p.J.: Concurs; Lumpkin, J.: Concurs; A. Johnson, J.: Concurs.
Thursday, May 2, 2013
C-2012-827 — petitioner, william Clyde Cossey, entered a plea of guilty to failure to register as a sex offender, after former convic- tion of a felony, in violation of 57 O.S.2011, § 581 et seq.; in the district Court of pottawat-
omie County, Case No. CF-2012-47. The Hon- orable John g. Canavan, Jr., district Judge, accepted the plea and found petitioner guilty, and sentenced petitioner to three (3) years imprisonment, with all but six (6) months sus-