F-2007-1162
In OCCA case No. F-2007-1162, Leroy White Jr. appealed his conviction for multiple crimes including trafficking in illegal drugs, failure to obtain a drug stamp, assault and battery on a police officer, unlawful possession of paraphernalia, aggravated assault, attempting to destroy evidence, and threatening a violent act. In an unpublished decision, the court decided to affirm White’s convictions and sentences for the most part while vacating some fines. The court carefully reviewed the arguments White made on appeal. He claimed that his rights were violated when police entered his hotel room without a warrant, that he was wrongly punished multiple times for the same actions, and that he did not receive proper jury instructions regarding fines. The court determined that the police had a good reason for entering the hotel room because they smelled marijuana and were responding to a situation where evidence might be destroyed. This justified the warrantless search. White also argued that being convicted for trafficking drugs and failing to obtain a tax stamp should not both lead to punishment. However, the court explained that the law allowed for separate punishments in this case since the two charges were different and required different evidence. Regarding the fines, the court noted that the trial judge had imposed fines without properly instructing the jury on what fines to recommend. The court agreed this was an error, so they decided to vacate these fines but upheld the minimum fine for the trafficking charge. The court affirmed the judgments and sentences given to White, confirming that while some fines were removed, the convictions remained. The judges involved in the decision agreed on most points but noted some concurrence in the results. In conclusion, White's appeal was mostly denied, but some corrections were made regarding the imposed fines.