Harold Lee Cooper, Jr. v The State Of Oklahoma

F-2000-1339

Filed: Jan. 18, 2002

Not for publication

Prevailing Party: The State Of Oklahoma

Summary

Harold Lee Cooper, Jr. appealed his conviction for possessing cocaine and marijuana. His conviction and sentence were 25 years for cocaine and 2 years for marijuana, both running at the same time. Judge Croy sentenced him after he was found guilty by a jury. In the appeal, Cooper argued that the evidence against him was gathered illegally and that he was punished twice for the same crime, which is not allowed. The court reviewed everything carefully and decided to keep the conviction for cocaine but threw out the marijuana charge. The judges agreed on this decision, except for one who only partially agreed.

Decision

The judgment and sentence of the trial court for Count I is AFFIRMED. The judgment and sentence for Count II (Possession of Marijuana) is REVERSED and that count is ordered to be DISMISSED.

Issues

• Was there illegal seizure of contraband that warranted exclusion from evidence?
• Did the remaining evidence support a conviction for possession of cocaine?
• Did the trial court violate double jeopardy principles by convicting Mr. Cooper for possession of marijuana?

Findings

• the court erred in reversing and dismissing Count II for possession of marijuana
• the judgment and sentence of the trial court for Count I (possession of cocaine) is affirmed

F-2000-1339

Jan. 18, 2002

Harold Lee Cooper, Jr.

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

LILE, JUDGE: Appellant, Harold Lee Cooper, Jr., was convicted at jury trial of Count I – Possession of Cocaine in violation of 63 O.S.Supp.1999, § 2-402(B)(1) and Count II – Possession of Marijuana in violation of 63 O.S.Supp.1999, § 2-402(B)(2) in case number CF-99-6980 in the District Court of Oklahoma County. Appellant was convicted after former conviction of three prior felonies. The Honorable James B. Croy, Special Judge, sentenced Appellant, in accordance with the jury verdict, to imprisonment for twenty-five (25) years on Count I and two (2) years on Count II. The sentences were ordered to run concurrently. Appellant appeals to this Court.

Appellant raises the following propositions of error in support of his appeal:

EXCLUDING THE CONTRABAND ILLEGALLY SEIZED AS THE FRUITS OF THE ILLEGAL SEIZURE AND SUBSEQUENT SEARCH OF MR. COOPER’S PERSON, THE REMAINING EVIDENCE IS INSUFFICIENT AND THEREFORE MR. COOPER’S CONVICTIONS MUST BE REVERSED AND REMANDED WITH INSTRUCTIONS TO DISMISS. MR COOPER WAS CONVICTED AND PUNISHED TWICE FOR THE SAME OFFENSE IN VIOLATION OF OKLA. STAT. TIT. 63, § 2-402(A) (SUPP. 1999) AND/OR DOUBLE JEOPARDY.

After a thorough consideration of these propositions and the entire record before us, including the original record, transcripts and briefs of the parties, we have determined that neither reversal nor modification is required under the facts and the law as to Count I. We find that Count II must be reversed and dismissed. Concerning Count I, we find that the Appellant was properly arrested for criminal trespass. 21 O.S.Supp.1999, § 1835. Illegal drugs removed from his person subsequent to the arrest were properly admitted into evidence. We find that Appellant’s conviction for possession of cocaine and marijuana, under the facts of this case, are improper under our ruling in Watkins v. State, 1992 OK CR 34, 855 P.2d 141, and therefore the conviction for possession of marijuana is reversed and the count is ordered dismissed.

DECISION

The judgment and sentence of the trial court for Count I is AFFIRMED. The judgment and sentence for Count II (Possession of Marijuana) is REVERSED and that count is ordered to be DISMISSED.

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Footnotes:

1. 63 O.S.Supp.1999, § 2-402(B)(1)
2. 63 O.S.Supp.1999, § 2-402(B)(2)
3. OKLA. STAT. TIT. 63, § 2-402(A) (SUPP. 1999)
4. 21 O.S.Supp.1999, § 1835
5. Watkins v. State, 1992 OK CR 34, 855 P.2d 141

Oklahoma Statutes citations:

• Okla. Stat. tit. 63 § 2-402(B)(1) - Possession of Cocaine
• Okla. Stat. tit. 63 § 2-402(B)(2) - Possession of Marijuana
• Okla. Stat. tit. 63 § 2-402(A) - Double Jeopardy
• Okla. Stat. tit. 21 § 1835 - Criminal Trespass

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:

• Watkins v. State, 1992 OK CR 34, 855 P.2d 141