On Tuesday, a court of appeals ordered a new sentencing hearing for a man convicted of beating and sexually assaulting another man. Deputies say the victim was brutally beaten and almost died after being attacked on the Katy Trail near Tulsa's Ziegler Park in 2012.
Jeffrey Tallon was convicted of first-degree rape by instrumentation and aggravated assault and battery. Documents show he appealed for a new verdict as well as sentence, but only the sentencing request was granted.
The appeals court ruled that the jury should not have been allowed to consider a prior felony conviction in another state when making a recommendation for Tallon's Oklahoma sentencing. Tallon was convicted of battery on a cohabitator in California, court records show.
The crime was considered a felony in California, but the appeals court judge ruled that the State did not present sufficient evidence to show that Tallon's conduct would constitute a felony under Oklahoma law when it was committed.
"We therefore must grant sentencing relief in this case," the court document states.
In 2014, the jury recommended life imprisonment for the first-degree rape and 10 years in prison for the assault and battery. Those sentences were reversed Tuesday, and Tallon will be resentenced.
He is currently in the R.B. Dick Conner Correctional Center in Hominy.