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


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. 

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