SUMMARY OPINION SMITH , PRESIDING JUDGE : 1 Appellant, Paul Owen Hamilton, was convicted by a jury in Tulsa County District Court, Case No. CF-2014-171, of Distribution of Child Pornography ( 21 O.S.2011, 1021.2 ) (Count 1) and Aggravated Possession of Child Pornography ( 21 O.S.2011, 1040.12a ) (Count 2). On June 1, 2015, the Honorable William D. LaFortune, District Judge, sentenced him in accordance with the jury's recommendation as follows: Count 1, ten years imprisonment and a $...
OPINION DENYING CERTIORARI SMITH , PRESIDING JUDGE : 1 On October 21, 2015, Petitioner entered a plea of nolo contendere in Oklahoma City Municipal Court, Case No. 14-354729X, to Speeding (1-10 m.p.h. over posted limit), in violation of Oklahoma City Ordinances 1-6, 32-169, and 32-175. Before entering his plea, Petitioner made it clear to the municipal court and to Respondent ("the City") that he did not contest his guilt, but that he wished to challenge the City's authority to...
SUMMARY OPINION HUDSON , Judge . 1 Appellant Robert Lee Reed was tried by a jury in the District Court of Tulsa County, Case No. CF-2013-5435, and convicted of Lewd Molestation, in violation of 21 O.S.2011, 1123. The jury recommended Reed serve twenty-five (25) years imprisonment. The Honorable William J. Musseman, District Judge, sentenced Reed in accordance with the jury's verdict and further ordered Reed serve a three (3) year term of post-imprisonment supervision. 1 Reed now...
OPINION LUMPKIN , Vice Presiding Judge . 1 Appellant, Bruce Conway Stewart, Jr., was tried by jury and convicted of Driving a Motor Vehicle While Under the Influence of Drugs (Count 1) 47 O.S.Supp.2013, 11-902(A)(4), After Two or More Felony Convictions, and Driving With License Suspended (Count 4) 47 O.S.2011, 6-303, in the District Court of Custer County, Case Number CF-2014-256. 1 The jury recommended as punishment imprisonment for twenty (20) years and a $5,000.00 fine in Count...
OPINION LEWIS , Judge . 1 Mica Alexander Martinez, Appellant, was tried by jury and found guilty of Counts 1 and 2, murder in the first degree, in violation of 21 O.S.Supp.2009, 701.7(A); and Count 3, assault and battery with a dangerous weapon, in violation of 21 O.S.Supp.2006, 645, in Comanche County District Court, Case No. CF-2009-473. The jury found two statutory aggravating circumstances 1 and sentenced Appellant to death in Counts 1 and 2, and ten (10) years imprisonment in...
OPINION LEWIS , Judge . 1 Billy Wayne Engles, Appellant, was tried by jury and found guilty of loitering within the zone of safety of a school after conviction of a sex offense involving a victim under thirteen (13) years of age, in violation of 21 O.S.Supp.2010, 1125, in the District Court of Bryan County, Case No. CF-2013-510. The jury found Appellant guilty and sentenced him to jail time already served (235 days) and a $2,500.00 fine. The Honorable Rocky L. Powers, Associate...
OPINION SMITH , Presiding Judge . 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. CR-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...
OPINION LUMPKIN , Vice Presiding Judge . 1 Appellant Albert Gustava Gerhart was tried by jury and convicted of Blackmail (Count I) (21 O.S.2011, 1488), and Violation of the Computer Crimes Act (Count II) (21 O.S.2011, 1958), in Case No. CF-2013-2179, in the District Court of Oklahoma County. The jury recommended as punishment a fine of $1,000.00 in Count I and the trial court sentenced accordingly. No fine was recommended in Count II. It is from this judgment and sentence that...
OPINION SMITH , Presiding Judge . 1 Deborah Ann Leftwich was tried by bench trial and convicted of Count II, Soliciting and/or Accepting a Bribe from Another for Withdrawal of Candidacy in violation of 26 O.S.2001, 16-108, in the District Court of Oklahoma County, Case No. CF-2010-8067. 1 The Honorable Cindy H. Truong sentenced Leftwich to one (1) year imprisonment, suspended, with the provision that she is prohibited from running for office in the State of Oklahoma or seeking...
OPINION JOHNSON , Judge . 1 Appellant Starr Fernette Newlun, was tried in a non-jury trial in the District Court of Tulsa County, Case No. CF-2013-843, and convicted of Aggravated Driving Under the Influence of Alcohol, after former conviction of a felony DUI (Count 1), in violation of 47 O.S.Supp.2012, 11-902(D), and Failure to Yield at an Intersection (Count 2), in violation of 47 O.S.2011, 11-403. The Honorable William C. Kellough, who presided at trial, sentenced Newlun to five...
OPINION JOHNSON , Judge . 1 Appellee Veronica McLaina Alba was charged with Driving a Motor Vehicle While Under the Influence of Alcohol in violation of 47 O.S.2011, 11-902(A)(2), in Rogers County District Court, Case Number CM-2013-574. Alba filed a motion to suppress and a hearing was held on this motion on February 4, 2014. The district court judge did not rule on the motion at that time but took the matter under advisement. On February 11, 2014, Judge Terrell S. Crosson granted...
SUMMARY OPINION SMITH, Vice Presiding Judge. 1 Wade Matthew Iven is charged with one count of Kidnapping in violation of 21 O.S.2011, 741 (Count 1), one count of Endeavoring to Commit an Act of Violence in violation of 21 O.S.2011, 1378 (Count 2), Assault with a Dangerous Weapon in violation of 21 O.S.2011, 645 (Count 3), and Domestic Abuse in violation of 21 O.S.2011, 644(C) (Count 4), in the District Court of Blaine County, Case No. CF-2012-84. Iven was bound over at preliminary...
OPINION LUMPKIN, Judge. 1 Appellant, Ronald Arganbright, was tried in a non-jury trial before the Honorable Doug Haught, District Judge, District Court of Beckham County, Case No. CF-2011-126. He was convicted of Lewd or Indecent Acts to a Child under 16 (Count I) (21 O.S.Supp. 2007, 1123(A)(2)), and Soliciting Sexual Conduct or Communication with Minor by Use of Technology (Count II) (21 O.S.Supp. 2007, 1040.13a). 1 In Count I, the trial court sentenced Appellant to imprisonment for...
OPINION A. JOHNSON, Judge. 1 Appellant Maximino Manuel Soto appeals from his misdemeanor Judgment and Sentence imposed by the Honorable Ryan D. Reddick, Associate District Judge, in Case No. TR-2012-376 in the District Court of Beaver County. Soto was convicted in a non-jury trial of Overweight Vehicle in violation of 47 O.S.2011, 14-109, and was sentenced to a fine of $290.00 and costs and fees of $206.50. FACTS 2 On May 17, 2012, Soto was driving a refuse collection vehicle for...
OPINION SMITH, Vice Presiding Judge. 1 Angela Marie Marcum, James Michael Miller, and William Harbert Layden Jr. were charged in the District Court of Pittsburg County, Case No. CF-2011-347, with Conspiracy to Defraud the State of Oklahoma in violation of 21 O.S.2001, 424. All three defendants moved to suppress evidence relating to text messages. After a June 21, 2012 hearing, the Honorable Joe Sam Vassar issued an Order on November 12, 2012, granting the motions of Miller and Marcum and...
OPINION SMITH, Vice Presiding Judge: 1 On September 22, 1999, Victor Cornell Miller, Appellant, was charged, along with co-defendant John Fitzgerald Hanson, with two counts of First-Degree Malice Murder, in violation of 21 O.S.Supp.1998, 701.7(A), or alternatively, First-Degree Felony Murder, in violation of 21 O.S.Supp.1998, 701.7(B) (Counts I & II), in the District Court of Tulsa County, Case No. CF-1999-4583. Count I was for the murder of Mary Agnes Bowles. Count II was for the...
SUMMARY OPINION SMITH, Vice Presiding Judge. 1 On January 17, 2011, Robert Harrell Bass, Jr. was charged by Information in the District Court of Sequoyah County, Case No. CF-2011-26, with Trafficking in Illegal Drugs (marijuana), under 63 O.S. Supp.2007, 2-415 (Count I), and Misdemeanor Possession of Drug Paraphernalia, under 63 O.S. 2011, 2-405 (Count II). 1 On February 3, 2011, Bass filed a Motion to Quash, Suppress, and Dismiss. 2 On February 15, 2011, a preliminary hearing was...
SUMMARY OPINION LUMPKIN, Judge. 1 Appellee Logan Delso was charged in the District Court of Okmulgee County with Use of a Vehicle in the Discharge of a Weapon (21 O.S.Supp.2007, 652(B)) (Count I) and Felony Discharging Firearm into a Dwelling (21 O.S.2001, 1289.17A) (Count II), Case No. CF-2011-211. The Appellee appeared for a pre-preliminary hearing with counsel and waived his right to a preliminary hearing as well as his right to be arraigned within thirty days. At his District Court...
OPINION LUMPKIN, Judge. 1 Appellant, Ricky Ray Malone, was tried by jury and convicted of First Degree Murder (21 O.S.2001, 701.7) in the District Court of Comanche County, Case Number CF-2005-147. In accordance with the jury's recommendation, the trial court imposed a sentence of death. This Court affirmed Appellant's conviction, but reversed the sentence and remanded the case for resentencing. Malone v. State, 2007 OK CR 34, 168 P.3d 185 . 2 Appellant waived his right to jury...
SUMMARY OPINION SMITH, Judge. 1 Angela Michelle Wolf pled guilty to five counts of Unlawful Purchase of Pseudoephedrine While Subject to Oklahoma Methamphetamine Offender Registry Act in violation of 63 O.S.Supp.2010, 2-701(B), after one former felony conviction, in the District Court of Garfield County, Case No. CF-2011-405. 1 In accordance with a negotiated plea the Honorable Dennis W. Hladik sentenced Wolf to fourteen (14) years imprisonment on each count, to run concurrently with...
