Russell Andrew Doza v The State Of Oklahoma
F 2002-809
Filed: Aug. 15, 2003
Not for publication
Prevailing Party: Russell Andrew Doza
Summary
Russell Andrew Doza appealed his conviction for drug trafficking and possession of a firearm while committing a felony. His conviction and sentence were reversed. Judge Lumpkin dissented.
Decision
The Judgment and Sentences imposed in Logan County District Court, Case No. CF 2000-227, are hereby REVERSED AND REMANDED WITH INSTRUCTIONS TO DISMISS.
Issues
- was there an unlawful consent search conducted by law enforcement outside their jurisdiction?
- did the trial court err in denying the motion to suppress evidence obtained during the search?
- is there sufficient evidence to support the convictions for drug trafficking and firearm possession in light of the excluded evidence?
Findings
- the court erred in allowing the consent search conducted by officers outside their jurisdiction
- the evidence was not sufficient to support the convictions for drug trafficking or firearm possession
- the Judgment and Sentences are reversed and remanded with instructions to dismiss
F 2002-809
Aug. 15, 2003
Russell Andrew Doza
Appellantv
The State Of Oklahoma
Appellee
v
The State Of Oklahoma
Appellee
SUMMARY OPINION
JOHNSON, PRESIDING JUDGE:
Appellant, Russell Andrew Doza, was convicted in Logan County District Court, Case No. CF 2000-227, of Trafficking in Illegal Drugs (methamphetamine), in violation of 63 O.S.2001, § 2-415 (Count 1) and of Possession of a Firearm while Committing a Felony, in violation of 21 O.S.2001, § 1287 (Count 2). A bench trial was held on June 10, 2002, before the Honorable Larry Brooks, Associate District Judge. Judge Brooks found Appellant guilty of the crimes charged and set punishment at ten (10) years imprisonment on Count 1 and at two (2) years imprisonment on Count 2. Appellant was sentenced on June 11, 2002 and Judge Brooks ordered the sentences be served concurrently. From the Judgment and Sentences imposed, Appellant perfected this appeal.
In his sole proposition of error, Appellant contends the Logan County Deputy Sheriffs Duke and Doles were outside their jurisdiction in Payne County and therefore could not lawfully conduct a consent search under color of authority. We agree. Phipps v. State, 1992 OK CR 32, 841 P.2d 591, holds that a law enforcement officer, acting under color of law, cannot conduct a consensual search of a vehicle outside of his jurisdiction. Phipps is dispositive of this case and the trial court should have granted the motion to suppress evidence. Absent the illegally obtained evidence, there remains no evidence to support Appellant’s conviction for drug trafficking or firearm possession and therefore the convictions must be reversed.
DECISION
The Judgment and Sentences imposed in Logan County District Court, Case No. CF 2000-227, are hereby REVERSED AND REMANDED WITH INSTRUCTIONS TO DISMISS.
APPEARANCES AT TRIAL
JAMES W. RUCKER
ATTORNEY AT LAW
200 NORTH HARVEY, SUITE 301
OKLAHOMA CITY, OK 73102
ATTORNEY FOR DEFENDANT
APPEARANCES ON APPEAL
JAMES W. RUCKER
ATTORNEY AT LAW
200 NORTH HARVEY, SUITE 301
OKLAHOMA CITY, OK 73102
ATTORNEY FOR APPELLANT
EDDIE VALDEZ
ASST. DISTRICT ATTORNEY
LOGAN COUNTY COURTHOUSE
301 EAST HARRISON
GUTHRIE, OK 73044
ATTORNEY FOR THE STATE
W.A. DREW EDMONDSON
ATTORNEY GENERAL OF OKLAHOMA
KELLYE BATES
ASSISTANT ATTORNEY GENERAL
112 STATE CAPITOL BUILDING
OKLAHOMA CITY, OK 73105
ATTORNEYS FOR STATE
OPINION BY: JOHNSON, P.J.
LILE, V.P.J.: CONCUR
LUMPKIN, J.: DISSENTS
CHAPEL, J.: CONCUR
STRUBHAR, J.: CONCUR
Footnotes:
- 63 O.S.2001, § 2-415
- 21 O.S.2001, § 1287
- Phipps U. State, 1992 OK CR 32, 841 P.2d 591
Oklahoma Statutes citations:
- Okla. Stat. tit. 63 § 2-415 (2001) - Trafficking in Illegal Drugs
- Okla. Stat. tit. 21 § 1287 (2001) - Possession of a Firearm while Committing a Felony
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:
- Phipps v. State, 1992 OK CR 32, 841 P.2d 591