Katherine Darlene Patterson v State Of Oklahoma

M-1999-569

Filed: Jan. 31, 2001

Not for publication

Prevailing Party: Katherine Darlene Patterson

Summary

Katherine Darlene Patterson appealed her conviction for possession of drug paraphernalia. Her conviction and sentence were for one year in the county jail and a $1,000 fine. Judges Lumpkin and Lile dissented.

Decision

IT IS THEREFORE THE ORDER OF THIS COURT, by a three (3) to two (2) vote, after hearing oral argument, the Judgment and Sentence of the District Court of Oklahoma County in Case No. CF-98-1291, is REVERSED AND REMANDED WITH INSTRUCTIONS TO DISMISS. IT IS SO ORDERED.

Issues

• was there sufficient evidence presented at trial to find the Appellant guilty of possession of drug paraphernalia?
• was the possession of syringes in Appellant's purse evidenced for lawful purposes?
• was the State able to prove that the syringes were intended for illegal drug use?
• should the judgment and sentence of the District Court be reversed and remanded for dismissal?

Findings

• the court erred in finding sufficient evidence for possession of drug paraphernalia
• the judgment and sentence is reversed and remanded with instructions to dismiss

M-1999-569

Jan. 31, 2001

Katherine Darlene Patterson

Appellant

v

State Of Oklahoma

Appellee

SUMMARY OPINION

KATHERINE DARLENE PATTERSON, )
)
Appellant, )
)
V. ) No. M 99-0569
)
STATE OF OKLAHOMA, )
)
Appellee. )

ACCELERATED DOCKET ORDER

Appellant was charged in the District Court of Oklahoma County, Case No. CF-98-1291, with three counts of Possession of a Controlled Dangerous Substance With Intent to Distribute and one count of Possession of Drug Paraphernalia. Following trial by jury, Appellant was found not guilty of three counts of Possession of a Controlled Dangerous Substance With Intent to Distribute, but was found guilty of Possession of Drug Paraphernalia. Appellant was sentenced April 15, 1999, by the Honorable Jerry D. Bass, District Judge, to one year in the County Jail, a fine of $1,000.00, plus costs and fees. Appellant appeals from the Judgment and Sentence imposed.

On Appeal

Appellant raised the following proposition of error: There was insufficient evidence presented at trial to find the Appellant guilty of possession of drug paraphernalia. Pursuant to Rule 11.2(A)(1), Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2000), this appeal was automatically assigned to the Accelerated Docket of this Court. The propositions or issues were presented to this Court in oral argument January 18, 2001, pursuant to Rule 11.2(F). At the conclusion of oral argument, the parties were advised of the decision of this Court.

Appellant was charged with possession of drug paraphernalia without lawful need. She was a back seat passenger in a car stopped for a traffic violation. Drugs were subsequently found in the front seat of this vehicle. There were no drugs found in the back seat. Twenty-five syringes were found in Appellant’s purse. However, introduced as evidence at trial were two prescriptions for drugs prescribed for Appellant which were directed to be given by injection. The record made in this case does not establish that the State proved the syringes in Appellant’s purse were for the purpose of using drugs and not for some other lawful reason. See Hishaw v. State, 1977 OK CR 276, 568 P.2d 643. We agree with Appellant that there was insufficient evidence presented at trial to find Appellant guilty of possession of drug paraphernalia.

IT IS THEREFORE THE ORDER OF THIS COURT, by a three (3) to two (2) vote, after hearing oral argument, the Judgment and Sentence of the District Court of Oklahoma County in Case No. CF-98-1291, is REVERSED AND REMANDED WITH INSTRUCTIONS TO DISMISS. IT IS SO ORDERED.

WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 31st day of January, 2001.

DISSENTS

LUMPKIN, GARY L. bell
Presiding Judge

CHARLES A. JOHNSON,
Vice Presiding Judge

Charl 8. Chance

CHARLES S. CHAPEL,
Judge

RETA M. STRUBHAR,
Judge

DISSENTS

STEVE LILE, Judge

ATTEST:

Clerk

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Footnotes:

1. Okla. Stat. tit. 22 § 18
2. Hishaw v. State, 1977 OK CR 276, 568 P.2d 643

Oklahoma Statutes citations:

• Okla. Stat. tit. 21 § 448 - Possession of Drug Paraphernalia
• Okla. Stat. tit. 22 § 11.2(A)(1) - Rules of the Oklahoma Court of Criminal Appeals
• Okla. Stat. tit. 22 § 11.2(F) - Rules of the Oklahoma Court of Criminal Appeals

Oklahoma Administrative Rules citations:

No Oklahoma administrative rules found.

U.S. Code citations:

No US Code citations found.

Other citations:

No other rule citations found.

Case citations:

• Hishaw v. State, 1977 OK CR 276, 568 P.2d 643