In OCCA case No. F-2004-1080, Kirk Douglas Byrd appealed his conviction for multiple offenses, including Unlawful Possession of a Controlled Drug and Driving Under the Influence of Intoxicating Liquor. In a published decision, the court decided to affirm most of the convictions but modified the sentence for the DUI charge to ten years. One judge dissented.
In OCCA case No. M-2003-513, the appellant appealed her conviction for resisting an officer and possession of marijuana. In an unpublished decision, the court decided to affirm the convictions but modify the fine for possession of marijuana. One judge dissented. The appellant was found guilty by a jury for two charges: resisting an officer and possession of marijuana. The incident happened when a truck driver reported a car driving erratically on a highway. When officers arrived, they found the appellant behind the wheel, showing signs of intoxication with the smell of alcohol and marijuana. Initially, the appellant was compliant, but she soon became aggressive and refused to cooperate with the officers. When they tried to arrest her, a struggle ensued, and the appellant physically fought with the officers. After getting her under control, the officers conducted a search of her vehicle and found marijuana. Later, while being booked at the jail, they discovered she had a marijuana cigarette in her pocket. The appellant believed her sentence of twenty months for the crimes was too harsh. She requested that they serve her sentences at the same time instead of one after the other. However, the court found that the sentences were reasonable and did not shock their conscience, so they decided to keep them consecutive. However, they agreed with the appellant that a fine of $1,000 imposed by the trial court was too high, as it exceeded what the law allowed. The maximum fine for the possession charge was actually $500 according to the law, so they reduced her fine to this amount. In summary, while the court upheld the appellant's conviction and the overall punishment, they made a small change to the fine amount.
In OCCA case No. M-2000-1482, the appellant appealed his conviction for unlawful transportation of an opened container of alcoholic beverage. In a published decision, the court decided to reverse the conviction and remand the case with instructions to dismiss. One judge dissented. The appellant was found guilty by a jury in Beckham County, where he was sentenced to six months in the county jail and had to pay more than $1,000 in court costs and fees. The case went through an accelerated process because of its nature. The main issue in the appeal was whether there was enough evidence to support the conviction. The appellant argued that the evidence did not show he had transported an opened alcoholic beverage on a public roadway, street, or alley as required by law. After reviewing the evidence and the details of the case, the court agreed with the appellant and found that there was indeed insufficient evidence to prove he had broken the law in this way. Thus, the higher court decided to reverse the original judgment and told the lower court to dismiss the case. The decision did not go without a disagreement; one judge believed that the conviction should stand.