Concurrence in Opinion

In OCCA case No. F-2008-832, George Robert Brewington appealed his conviction for possession of a controlled dangerous substance and other related charges. In a published decision, the court decided to affirm the convictions on some counts but reversed one count due to insufficient evidence. One judge dissented. Brewington was found guilty of possessing drugs near a public park and in the presence of a minor. The evidence showed that he had knowledge of the drugs and had control over them, which was enough for the court to uphold this part of the conviction. However, for another count related to the possession of drugs without a tax stamp, the evidence was not enough. Brewington only had a small amount of drugs, which didn’t meet the legal requirement needed for that charge. He also claimed that his lawyer didn’t do a good job by not trying to have certain evidence thrown out. The court determined that his lawyer was not ineffective because the evidence was gathered from a consented search. Therefore, there was no need to suppress the evidence as the search was legal. Overall, the court confirmed that Brewington's conviction for possession of a controlled dangerous substance was valid, but they reversed the conviction for having the drugs without a tax stamp and will correct the records to reflect the accurate law he was convicted under.