Conspiracy to Distribute Archives

F-2018-1137

Post author:Staff
Post published:December 5, 2019
Post category:F

This document is a summary opinion from the Court of Criminal Appeals of the State of Oklahoma regarding the appeal of Parron Lavon Burrus. Burrus was convicted of conspiracy to distribute methamphetamine and possession of a controlled substance with intent to distribute, after being found guilty by a jury in the District Court of Caddo County. The court sentenced him to 30 years in prison for the first count and 25 years for the second, running consecutively. In the appeal, Burrus contended that the sentences were excessive and should be modified. He argued that the offenses were interconnected and that the trial court exhibited prejudice against him during sentencing, referencing the requirement for his testimony to be under oath and the judge's prior role in prosecuting him. However, the appellate court affirmed the trial court's judgment and sentence. The court noted that the sentences fell within the statutory range, that there is no constitutional right to concurrent sentences, and that Burrus did not demonstrate that the trial judge's actions or previous involvement in prior prosecutions caused an unfair sentencing outcome. The court concluded that there was no abuse of discretion in sentencing, emphasizing the separate nature of the offenses committed by Burrus. In essence, the appeal was denied, and the court's decision was upheld, confirming the sentences imposed on Burrus.

F-2018-411

Post author:Staff
Post published:June 27, 2019
Post category:F

In OCCA case No. F-2018-411, Joey Elijo Adames appealed his conviction for Conspiracy to Distribute a Controlled Dangerous Substance and Unlawful Possession of a Firearm by a Convicted Felon. In a published decision, the court decided to uphold his convictions and the order revoking his suspended sentences. One judge dissented. The case began when Adames was charged with several serious offenses. After a trial, a jury found him guilty, and he was sentenced to a total of 45 years in prison. This included 35 years for the conspiracy charge and 10 years for the gun possession charge, and the sentences were ordered to be served one after the other. Adames had previous felony convictions, which affected his sentences. Furthermore, Adames had prior suspended sentences due to earlier charges, including Domestic Assault and Battery with a Dangerous Weapon. The state decided to revoke those suspended sentences after Adames committed the new crimes. During the trial, Adames argued that the prosecutor acted unfairly by making comments that hinted he should have testified, which he did not. He believed this made it hard for him to get a fair trial. However, the court examined Adames' claims. They found that the prosecutor’s comments did not directly force attention to the fact he did not testify and were within the acceptable limits of court arguments. The judges believed the jury was properly instructed to not hold his silence against him, and thus they did not see an error in the trial process. Adames also complained about the sentencing part of the trial, saying the prosecutor made remarks that were inappropriate and could have influenced the jury to give him a harsher sentence. Again, the court found that the comments focused more on his past behavior and did not unfairly sway the jury’s decision. Lastly, about the revocation of Adames' previous suspended sentences, he argued that he should have had a hearing within 20 days after pleading not guilty to the revocation. The court reviewed the record and concluded that Adames had waived his right to that fast hearing when he entered his plea of not guilty. Therefore, the court ruled that since no rule was broken, the revocation of his suspended sentence was valid. In summary, the court found no significant errors in Adames' trial or the revocation order. As a result, his convictions and the revocation of his suspended sentences were upheld, affirming the decisions made by the lower court.

C-2002-946

Post author:Staff
Post published:July 1, 2003
Post category:C

In OCCA case No. C-2002-946, Christopher Dwayne McGee appealed his conviction for distributing controlled substances and conspiracy to distribute controlled substances. In an unpublished decision, the court decided that McGee should be allowed to withdraw his guilty plea. One judge dissented. McGee was originally charged with several counts related to drug distribution in Stephens County. He pleaded guilty to all the charges and received a 30-year prison sentence with fines. After his plea, McGee argued that he did not receive good legal help and that he did not understand what he was agreeing to when he pleaded guilty. He also claimed that he should not be punished twice for the same crime. The main issue was about an agreement he had with the State regarding his plea. McGee believed that the charges would not be enhanced because the State agreed to drop certain parts of his case. However, he was later sentenced with enhancements due to prior felony convictions, which he felt was unfair. The State admitted that McGee's plea was based on a misunderstanding about the charges and enhancements. They suggested that he should be allowed to withdraw his plea, and the court agreed. As a result, the court decided that McGee could go back to the District Court to change his guilty plea.