405-778-4800
Criminal Attorney Oklahoma Defense Lawyer Adam R. Banner OKLAHOMA CRIMINAL DEFENSE ATTORNEY AT LAW

Tulsa Man "Wins" Appeal, but Gets Longer Sentence as a Result

07-Dec-2017

It was a short-lived victory for a Tulsa County man convicted of raping a homeless woman with a beer bottle. 

Daniel Bryan Kelley, 49, of Tulsa, was charged in February 2015 after bringing home a homeless man and woman and getting "sexually aggressive" with the woman. As Kelley's acts toward the woman, who used a wheelchair, intensified, his male guest told him to calm down, prompting Kelley to beat him unconscious.

The woman tried to flee the scene, pushing her wheelchair down a flight of stairs. However, Kelley pursued and raped her. 

Kelley was convicted of first degree rape and assault and battery in October 2015, and he was sentenced to 20 years in prison. Kelley appealed, saying that prosecutors provided evidence of two prior felonies at trial, but failed to prove that one of the felonies, committed in Kansas, would have been a felony had it been committed in Oklahoma.

In July, the Oklahoma Court of Criminal Appeals upheld the rape conviction, but they ordered a re-sentencing. Instead of 20 years in prison, Kelley could have seen a reduction of his sentence down to the minimum of 10 years.

Tulsa County jurors had a different idea in mind.

After hearing the evidence again, including the transcript of the testimony of the rape victim, who has since died, the jury instead recommended a sentence of life in prison.

Kelley "won" the appeal, but his re-sentencing is the opposite of what he would likely have hoped the outcome to be. He is scheduled for formal sentencing by Tulsa County District Judge Sharon Holmes on December 19. 



All News

More News

Oklahoma Dept. of Corrections Denies Death Penalty Protocol "Deadline"

13-Aug-2018

Oklahoma, the state that invented lethal injection, continues to b..

Lincoln County Abuse Case Has Some Calling for Home School Reform

28-Jul-2018

The case of a 15-year-old boy rescued from a family farm near Meek..

Oklahoma Health Department Seeks Legal Advice after Amending Medical Marijuana Rules

17-Jul-2018

When Oklahomans passed State Question 788 last month, they left th..

No Special Session Necessary after Passage of Medical Marijuana in SQ 788

30-Jun-2018

Just a week and a half after announcing that a special session of ..

New Oklahoma Liquor Laws to Take Effect in October

14-Jun-2018

It's summertime in Oklahoma. The temperatures are soaring and peop..

Charges Dismissed After Linebacker's Ex-Girlfriend Admits to Lying About Abuse

23-May-2018

San Francisco 49ers linebacker Reuben Foster will be able to rejoi..

Oklahoma Man Convicted of Cyberstalking in Federal Court

02-May-2018

A 46-year old Crescent man was convicted in federal court last wee..

Oklahoma Legislators Continue to Eye Criminal Justice Reform

22-Apr-2018

With Oklahoma prisons overcrowded, and with the state at the top o..

Oklahoma Soon to Lead the Nation in Incarceration Rate

02-Apr-2018

As Oklahoma teachers descend upon the state Capitol this week to p..

Domestic Call Ends in Multiple Charges for Man Accused in Standoff

19-Mar-2018

Nicoma Park police and Oklahoma County sheriff's deputies respondi..

×