Affirm Archives - OCCA Opinions

F-2019-82

Post author:Staff
Post published:August 27, 2020
Post category:F

In OCCA case No. F-2019-82, Spencer Thomas Cato appealed his conviction for various crimes including possession of a controlled drug with intent to distribute and possession of a firearm after a felony. In a published decision, the court decided to affirm most of the convictions but reversed and dismissed one count against Cato. A judge dissented regarding the dismissal of that count. Cato had been found guilty of several offenses, including having a controlled substance and firearms while being a convicted felon. During the trial, the jury sentenced him to a total of several years in prison along with fines. The judge decided some of these sentences would be served at the same time, while others would be served one after the other. Cato appealed, arguing that his rights were violated because he was punished twice for what he saw as the same action. Specifically, he felt the charges of possessing a firearm after a felony and possessing a firearm while committing a felony were not separate. Cato believed that the law should prevent him from being punished for both crimes since they stemmed from the same act of possessing the same gun with no significant break in time between the two actions. Upon reviewing the case, the court agreed with Cato’s argument. They found that there was no new evidence that suggested he had used the firearm for a different purpose at different times. The trial revealed that Cato had the gun and drugs at the same time which led to the conclusion that punishing him for both counts was not appropriate. The court decided to reverse the lesser charge and direct that it be dismissed. In summary, while some of Cato's convictions and their sentences were confirmed, the court found that he could not be punished for both possessing a firearm after a felony and possessing it while committing another felony under the circumstances of his case. Hence, they instructed the lower court to dismiss the one charge.

S-2012-553

Post author:Staff
Post published:June 12, 2013
Post category:S

In OCCA case No. S-2012-553, Armstrong appealed his conviction for unlawful drug possession and distribution. In a published decision, the court decided to affirm the ruling that evidence obtained during a search of a vehicle occupied by Armstrong and Johnson should be suppressed. Johnson dissented. The case started when police met with an informant who said they could buy methamphetamine from Armstrong. The police observed a controlled purchase of drugs and later obtained a search warrant for Armstrong's home. They executed this search warrant a few days later and found Armstrong and Johnson in a car outside his residence, where they discovered several drug-related items. Both Armstrong and Johnson hired the same lawyer and filed motions to suppress the evidence from the car search. The district court agreed with their argument that the police had not executed the search warrant immediately, as the warrant required. Because of this, the court decided the search was not valid. The appeals court looked into whether the district court had made a mistake. They decided that the court did not abuse its discretion and confirmed the lower court's decision to suppress the evidence. This means that the evidence collected during the search could not be used against them in court. The court emphasized that the terms of the warrant were not followed as required. The ruling highlighted the importance of following legal procedures when executing search warrants. In summary, Armstrong's appeal was not successful, and the ruling to suppress the evidence was upheld.

F-2004-729

Post author:Staff
Post published:September 26, 2005
Post category:F

In OCCA case No. F-2004-729, Candy Mae Easton appealed her conviction for Manufacturing Methamphetamine and Unlawful Possession of a Controlled Drug. In a published decision, the court decided to reverse her conviction for manufacturing methamphetamine but affirmed her conviction for unlawful possession of a controlled drug. One judge dissented concerning the reversal of the manufacturing charge. Candy Mae Easton was on trial after neighbors reported a strong smell related to methamphetamine coming from the home of her co-defendant. Officers investigating found evidence that suggested meth was being made in the house, including white powder and other materials commonly used to manufacture meth. Easton admitted to using meth, but she said she did not help make it. The court examined whether there was enough proof to show that Easton helped her co-defendant in making the drug. The majority opinion stated that just knowing about the manufacturing and using the drug doesn’t mean she encouraged or assisted in making it. The appellate court mentioned that encouragement must be shown by some action or words, which were not present in Easton’s case. As a result, Easton’s conviction for manufacturing meth was reversed, meaning she was found not guilty of that charge. However, the conviction for unlawful possession was upheld because her sentence and fine were within the legal limits and were not seen as too harsh. The dissenting opinion believed there was enough evidence to support that Easton aided in the manufacturing, and thus would have kept her conviction for that charge. The judges' roles were discussed in terms of assessing evidence and the credibility of decisions made by the trial judge, emphasizing that it isn’t their place to change those factual decisions based on their opinions. Ultimately, the case was sent back to be corrected only in terms of the record regarding the possession conviction, while the manufacturing conviction was dismissed.

F-2000-671

Post author:Staff
Post published:June 7, 2001
Post category:F

In OCCA case No. F-2000-671, Robert F. Barnes appealed his conviction for Maiming and Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the conviction for Maiming but reversed the conviction for Assault and Battery with a Dangerous Weapon, instructing the lower court to dismiss that charge. One justice dissented. The case began when Barnes was accused of injuring someone during a single event. The jury found him guilty of Maiming but decided on a lesser charge for the second count. Barnes received a punishment, which included jail time and fines, along with an order for restitution to the victim. When Barnes appealed, he raised several arguments. He claimed that he should not have been punished for both charges since they came from the same event. The court agreed, stating that it was against the law to punish someone multiple times for one crime, so they reversed the second charge. Barnes also argued that the jury should have been given instructions on lesser charges during the trial, but the court found that the evidence did not support this. Thus, the judge's decision was not seen as a mistake. Additionally, Barnes said that there was misconduct during the trial, but the court did not find this to be serious enough to change the original decision. Lastly, the court noted that there was not enough information in the records about the restitution order, so they couldn't decide if it should be adjusted. In summary, the court confirmed the guilt of Barnes for Maiming (Count I) but decided that he should not be punished for the second charge (Count II), which was reversed.