Slip opinions decided 2024 — Oklahoma Criminal Reports

¶1 Appellant, Kevin Swager, was tried and convicted by a jury in the District Court of Delaware County, Case No. CF-2021-92, of Count 1: Child Sexual Abuse -- Victim Under Twelve (Rape in the First Degree by Instrumentation), in violation of 21 O.S.Supp.2019, § 843.5 and Count 2: Child Sexual Abuse -- Victim Under Twelve (Lewd Molestation), in violation of 21 O.S.Supp.2019, § 843.5 . The jury sentenced Swager to twenty-five years imprisonment on each of the two counts.

¶1 Appellant Joshua Troy Caudle appeals his Judgment and Sentence from the District Court of Okmulgee County, Case No. CF-2018-87, for Lewd or Indecent Proposals to a Child Under 16, in violation of 21 O.S.Supp.2017, § 1123 (A)(1). The Honorable Lawrence W. Parish, District Judge, presided over Caudle's jury trial and sentenced him, in accordance with the jury's verdict, to three years imprisonment. 1 Caudle raises one issue for review:

¶1 On January 25, 2024, this Court issued a summary opinion in Case No. RE-2022-638 affirming the revocation of Appellant's suspended sentence in Cleveland County District Court Case No. CF-2014-1824. See Cash v. State, 2024 OK CR 1 , 543 P.3d 687. Paragraph 15 of that summary opinion erroneously states "declarant" but should state "defendant."

¶1 The State of Oklahoma appeals a pretrial order quashing the Information against Appellee Aguilar for insufficient evidence. The State charged Aguilar by Information in the District Court of Kay County, Case No. CF-2020-634, with one count of child neglect in violation of 21 O.S.Supp.2019, § 843.5 (C). After being bound over for trial at preliminary hearing, she filed a motion to quash for insufficient evidence pursuant to 22 O.S.2021, § 504.1 . The Honorable Lee Turner, District Judge, granted the motion and quashed the Information. The State now appeals, pursuant to 22 O.S.Supp.2022, § 1053 (4), and raises the following propositions of error:

¶1 On June 19, 2024, Appellee, the State of Oklahoma, by and through Attorney General Gentner F. Drummond, filed a Motion To Publish Opinion in the above-styled case. The Attorney General asserts that publication of this Court's Summary Opinion herein ( Bowlds v. State , Case No. F-2021-1155 (June 6, 2024), not for publication) is warranted because it addressed the issue of re-appointment of counsel after a valid prior waiver of counsel.

¶1 Appellant, Charles Randy Bowlds, Jr., was tried by jury and convicted in the District Court of Logan County, Case No. CF-2019-45 of: Count 1, Kidnapping, in violation of 21 O.S.Supp.2012, § 741 ; Count 3, Assault and Battery With a Dangerous Weapon, in violation of 21 O.S.2011, § 645 , both After Former Conviction of Two or More Felonies; 1 and Count 4, Domestic Assault and Battery (Misdemeanor), in violation of 21 O.S.Supp.2019, § 644 (C). The jury returned guilty verdicts on all counts with sentences of twenty years imprisonment on Counts 1 and 3 and one year imprisonment and payment of a $5,000.00 fine on Count 4. The trial court sentenced Appellant in accordance with the jury's verdict and ordered all counts to run consecutively.

¶1 Appellant, Darnell Kehaulani Cotton, appeals from the revocation of her suspended sentence by the Honorable Grant Sheperd, District Judge, in the District Court of Comanche County, Case No. CF-2017-589.

¶1 Appellant Jaqueline Marjonnie Mills, through counsel, appeals from the acceleration of her deferred sentence in Tulsa County District Court Case No. CF-2019-5868. Appellant entered a blind plea of guilty to Robbery with a Dangerous Weapon, in violation of 21 O.S.2011, § 801 (Count 1), Trafficking in Illegal Drugs -Methamphetamine, in violation of 63 O.S.Supp.2019, § 2-415 (Count 2), Possession of a Firearm While in the Commission of a Felony, in violation 21 O.S.Supp.2012, § 1287 (Count 3), and Obstructing an Officer, in violation 21 O.S.Supp.2015, § 540 (Count 5). The trial court withheld a finding of guilt for Appellant to complete the Women In Recovery program.

¶1 The State of Oklahoma, Appellant, presents a question of law reserved for appeal under the authority of 22 O.S.Supp.2022, § 1053 (3). The State charged Appellee by information with Count 1, conspiracy to commit larceny by false pretenses, in violation of 21 O.S.Supp.2018, § 421 , and Count 2, obtaining money by false pretenses, in violation of 21 O.S.2011, § 1541.2 , both after former conviction of two or more felonies, in the District Court of Comanche County, Case No. CF-2019-513. The court granted Appellee's demurrer to Count 2. The jury acquitted Appellee of Count 1. The State in its appeal seeks to clarify whether a supplemental information alleging prior felony convictions gave the advance written notice required for impeaching the defendant's testimony with stale felony convictions under 12 O.S.2011, § 2609 (B). 1 We answer the legal question presented applying de novo review. State v. Davis , 2011 OK CR 22 , ¶ 5, 260 P.3d 194 , 195.

¶1 Appellant, Jerry Lee Irwin, was convicted by a jury in the District Court of Tulsa County, Case No. CF-2021-3185, of Count 1: Assault and Battery with a Deadly Weapon, in violation of 21 O.S.2011, § 652 (C) Count 4: Kidnapping, in violation of 21 O.S.Supp.2012, § 741 Count 5: Possession of a Firearm After Former Conviction, in violation of 21 O.S.Supp.2019, § 1283 (A) and Count 6: Trafficking in Illegal Drugs (Methamphetamine), in violation of 63 O.S.Supp.2019, § 2-415 . 1 The jury found Irwin was previously convicted of two or more prior felonies and sentenced him to forty years imprisonment each on Counts 1 and 4 twenty years imprisonment on Count 5 and sixteen years imprisonment plus a $100,000.00 fine on Count 6.

¶1 Phillip Lee Barkus, Appellant, was tried without a jury and found guilty of Count 1, possession of a firearm after former conviction of a felony, in violation of 21 O.S.Supp.2019, § 1283 Count 2, driving under the influence of alcohol or other intoxicating substance, subsequent offense, in violation of 47 O.S.Supp.2020, § 11-902 and Count 3, carrying a firearm while under the influence of alcohol or drugs, a misdemeanor, in violation of 21 O.S.Supp.2012, § 1289.9 , in the District Court of Hughes County, Case No. CF-2021-8. The Honorable Trisha D. Smith, Associate District Judge, found Appellant guilty after two or more prior convictions and assessed punishment of ten years imprisonment each in Counts 1 and 2, and six months imprisonment in Count 3, and ordered the sentences served concurrently.

¶1 Appellant, Bruce Lee Taylor, was convicted by a jury in the District Court of Osage County, Case No. CF-2019-367, of Counts 1, 2 and 3: Lewd Molestation, in violation of 21 O.S.Supp.2017, § 1123 and Counts 4 and 5: Sexual Battery, in violation of 21 O.S.Supp.2017, § 1123 (B). The jury sentenced Taylor to life imprisonment each on Counts 1, 2 and 3, and ten-years imprisonment each on Counts 4 and 5.

¶1 The State of Oklahoma appeals the district court's order quashing the magistrate's Bindover Order of Count 2-Attempted Rape in the First Degree of A.M. The State filed a six count felony Information against Krigel, a Tulsa County attorney, in the District Court of Tulsa County, Case No. CF-2023-1973. 1 The charges included three counts of Rape in the First Degree (Counts 1, 3, 4), in violation of 21 O.S.2011, §§ 1111 , 1114, 1115, one count of Attempted Rape in the First Degree (Count 2), in violation of 21 O.S.2011, §§ 42 , 1111, 1114, 1115, one count of Second Degree Rape by Instrumentation (Count 5), in violation of 21 O.S.2011, § 1111.1 , and one count of First Degree Rape by Instrumentation (Count 6), in violation of 21 O.S.Supp.2015, § 1111.1 . Krigel waived his right to a preliminary hearing on Counts 3, 4, and 5. The magistrate conducted a preliminary hearing on Counts 1, 2, and 6, and ultimately overruled Krigel's demurrer and bound him over for trial on all six counts. 2

¶1 The State of Oklahoma appeals the district court's order quashing the magistrate's Bindover Order of Count 2-Attempted Rape in the First Degree of A.M. The State filed a six count felony Information against Krigel, a Tulsa County attorney, in the District Court of Tulsa County, Case No. CF-2023-1973. 1 The charges included three counts of Rape in the First Degree (Counts 1, 3, 4), in violation of 21 O.S.2011, §§ 1111 , 1114, 1115, one count of Attempted Rape in the First Degree (Count 2), in violation of 21 O.S.2011, §§ 42 , 1111, 1114, 1115, one count of Second Degree Rape by Instrumentation (Count 5), in violation of 21 O.S.2011, § 1111.1 , and one count of First Degree Rape by Instrumentation (Count 6), in violation of 21 O.S.Supp.2015, § 1111.1 . Krigel waived his right to a preliminary hearing on Counts 3, 4, and 5. The magistrate conducted a preliminary hearing on Counts 1, 2, and 6, and ultimately overruled Krigel's demurrer and bound him over for trial on all six counts. 2

¶1 Appellant, Jordi Eduardo Olvera, appeals his Judgment and Sentence from the District Court of Oklahoma County, Case No. CF-2021-899, Count 1, Murder in the First Degree, in violation of 21 O.S.Supp.2012, § 701.7 (B); Count 2, Burglary in the First Degree, in violation of 21 O.S.2011, § 1431 ; Count 3, Burglary in the First Degree, in violation of 21 O.S.2011, § 1431 ; and Count 4, Desecration of a Human Corpse, in violation of 21 O.S.2011, § 1161.1 .

¶1 Appellant, Jordi Eduardo Olvera, appeals his Judgment and Sentence from the District Court of Oklahoma County, Case No. CF-2021-899, Count 1, Murder in the First Degree, in violation of 21 O.S.Supp.2012, § 701.7 (B); Count 2, Burglary in the First Degree, in violation of 21 O.S.2011, § 1431 ; Count 3, Burglary in the First Degree, in violation of 21 O.S.2011, § 1431 ; and Count 4, Desecration of a Human Corpse, in violation of 21 O.S.2011, § 1161.1 .

¶1 Appellee Elmer Velasquez was charged in the District Court of Tulsa County, Case No. CF-2023-2078, with Unlawful Possession of a Controlled Drug with Intent to Distribute ( 63 O.S.2021, § 2401 ) and Acquiring Proceeds from Drug Activity ( 63 O.S.2021, § 2-503.1 ). At the conclusion of the August 25, 2023, Preliminary Hearing, the defense's demurer was overruled and the Appellee was bound over to stand trial as charged.

¶1 Appellee, Nicholas Ryan O'Brien, was charged by Information in the Municipal Criminal Court of the City of Tulsa with the following misdemeanor traffic crimes:

¶1 Appellee, Melvin Dean Tannehill, was charged by Information in the District Court of Noble County, Case No. CF-2019-42, with the following: Count 1, Trafficking in Illegal Drugs, in violation of 63 O.S.Supp.2019, § 2-415 ; and Count 2, Conspiracy, in violation of 63 O.S.2011, 2-408. The charges resulted from a search of Appellee's vehicle after a traffic stop. On March 9, 2020, the Honorable Jennifer Brock held a preliminary hearing where she bound Appellee over for trial.