Appeal Rights

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **ARNULFO CAMPOS GONZALES, Appellant,** **V.** **THE STATE OF OKLAHOMA, Appellee.** **Case No. F-2018-989** **File Date: January 2020** **OPINION BY: ROWLAND, JUDGE** Appellant Arnulfo Campos Gonzales appeals his Judgment and Sentence from the District Court of Haskell County, Case No. CF-2017-197. He was convicted for Trafficking in Illegal Drugs, Conspiracy to Traffic Methamphetamine, and Conspiracy to Distribute Methamphetamine. His sentences included twenty-five years imprisonment for Count 1 and ten years each for Counts 2 and 3, ordered to be served consecutively. Gonzales raises several issues on appeal: 1. Denial of effective assistance of counsel due to a conflict of interest. 2. Double punishment for Counts 2 and 3. 3. Violation of the Fourth Amendment regarding the search of his car. 4. Deficient jury instructions on conspiracy. 5. Ineffective assistance of counsel due to failure to suppress and object to instructions. 6. Abuse of discretion in consecutive sentencing. **1. Conflict of Interest** Gonzales argues that he was denied his Sixth Amendment right to effective assistance of counsel due to defense counsel’s prior representation of a co-defendant, Samantha Johnson, who testified against him. The court examined whether an actual conflict arose during representation, determining that Gonzales failed to demonstrate that the former representation affected counsel's performance. The court found that Johnson’s testimony largely did not implicate Gonzales and that counsel's representation was sufficient. **2. Multiple Punishment** Gonzales contends that sentencing him for conspiracy to traffic and conspiracy to distribute methamphetamine violates the prohibition against multiple punishments for the same act. The court found both counts stemmed from a single agreement concerning the same methamphetamine and that the convictions constituted a violation of Section 11. The court remanded the case for dismissal of Count 3. **3. Fourth Amendment** Gonzales did not properly contest the legality of the search of his car and thus the court reviewed this claim for plain error. The court concluded that Gonzales had not demonstrated that the timeline of events during the traffic stop violated his rights, as he consented to the search prior to its execution. **4. Jury Instructions** Gonzales argued that jury instructions were insufficient as they failed to name the conspirators. However, the court determined the instructions, when read as a whole, properly conveyed the necessary information. Gonzales did not establish any plain error regarding jury instructions. **5. Ineffective Assistance of Counsel** This claim was evaluated under the standard set by Strickland v. Washington. The court found no prejudice affecting the outcome as Gonzales could not demonstrate ineffective assistance. **6. Consecutive Sentences** Gonzales claims the district court abused its discretion in imposing consecutive sentences. The prosecutor’s remark about a presumed policy did not demonstrate that the district court failed to exercise discretion. The court affirmed its decision as the record supported the imposition of consecutive sentences. **DECISION** The Judgment and Sentence is AFFIRMED for Counts 1 and 2. Count 3 is DISMISSED. Gonzales’s Application for Evidentiary Hearing is DENIED. **APPEARANCES** *AT TRIAL* Roger Hilfiger, Counsel for Defendant *ON APPEAL* Ariel Parry, Appellate Counsel Christina Burns, Assistant District Attorney Mike Hunter, Attorney General of Oklahoma **OPINION BY: ROWLAND, J.** **LEWIS, P.J., KUEHN, V.P.J., LUMPKIN, J., HUDSON, J.:** Concur. [PDF Download Link](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-989_1734871593.pdf)