Controlled Dangerous Substance

F-2010-131

  • Post author:
  • Post category:F

In OCCA case No. F-2010-131, Darius Darrell Payne appealed his conviction for trafficking in illegal drugs, possession of a firearm after a felony conviction, unlawful possession of marijuana (second offense), failure to obtain a drug tax stamp, and possession of paraphernalia. In a published decision, the court decided to affirm Payne's convictions on all counts but remanded the matter for a new sentencing proceeding on certain counts due to errors in jury instructions. One judge dissented. The case began when police officers went to a house where Payne was present, looking for a man with an arrest warrant. When they entered, they found illegal drugs, a gun, and cash, leading to Payne's arrest. During the trial, the jury found Payne guilty on multiple charges and set significant punishment for his crimes, including life in prison without the possibility of parole for the drug trafficking offense. Payne raised several issues on appeal. He argued that being punished for both trafficking and failure to obtain a drug tax stamp for the same drugs was unfair and violated laws against double punishment. The court found that the laws allowed for separate punishments, so this argument was rejected. Payne also claimed that the jury wasn't properly instructed about the requirements for his life sentence. The court agreed that the instruction was incorrect, leading to a ruling that he should have a new sentencing hearing for this and another charge related to marijuana possession. Additionally, the court noted that the trial court should not have separated the misdemeanor charge regarding drug paraphernalia, which led to a penalty that was likely influenced by prior convictions that weren't relevant for that specific charge. As a result, the court reduced his sentence for possession of paraphernalia from one year to three months. Lastly, there were also some mistakes on the official documents from the trial that needed to be corrected, such as the wrong section numbers and indications of pleading guilty that were factually incorrect. In summary, while Payne's convictions were upheld, the court found that certain errors related to sentencing and jury instructions necessitated further proceedings. The final decision called for changes to some sentences while affirming others.

Continue ReadingF-2010-131

F-2009-525

  • Post author:
  • Post category:F

In OCCA case No. F-2009-525, Sparks appealed his conviction for Second Degree Murder, Unlawful Delivery of a Controlled Drug, and Unlawful Removal of a Dead Body. In a published decision, the court decided to affirm the convictions for Counts 2 and 3 but reversed and remanded Count 1, with instructions to dismiss. One judge dissented regarding Count 1. The case involved Nathan David Sparks, who was tried and found guilty in Osage County. The jury decided that he should spend ten years in prison for Second Degree Murder, along with a fine for delivering a controlled substance and a year in county jail for improperly handling a dead body. The trial judge followed the jury's recommendations. The appeal focused on several issues, including whether there was enough evidence to support a conviction for Second Degree Murder. During the trial, the prosecution argued that Sparks gave methamphetamine to a woman who later died from it, claiming they had a close relationship and that he knew about her health issues. Sparks argued that the evidence did not strongly support the idea that his actions were extremely dangerous. The court reviewed prior cases and determined that not every case of delivering drugs resulting in death is automatically Second Degree Murder. They explained that for a murder charge to stick, the actions must show a clear disregard for life. They found that in Sparks' case, while he knew the victim had health problems, there wasn't enough evidence to prove his actions were dangerously reckless enough to warrant a murder conviction. Each of Sparks' other issues was also reviewed. They found some testimony was not directly related to the case, but since the evidence for Counts 2 and 3 was strong, it did not change the outcome. They determined that there was no misconduct during the trial and that Sparks had adequate legal representation. In summary, the court upheld Sparks' convictions for the drug delivery and body removal but did not find strong enough evidence for the murder charge, leading to its dismissal. One judge disagreed, believing the evidence was sufficient to uphold the murder charge due to Sparks' knowledge of the victim's health issues.

Continue ReadingF-2009-525

F-2009-1067

  • Post author:
  • Post category:F

In OCCA case No. F-2009-1067, Embry Jay Loftis appealed his conviction for Unlawful Possession of a Controlled Dangerous Substance, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm Loftis's Judgment but modify his Sentence to thirty years imprisonment. One judge dissented. Loftis was found guilty by a jury and received a punishment of forty years in prison and a $10,000 fine. He appealed for several reasons. First, he believed that he was unfairly denied the chance to present witnesses who could help his case. Second, he felt that representing himself during the trial was not properly allowed since the court didn’t check if he was capable of doing so. He also argued that the jury should not have been allowed to consider his past convictions for enhancing his punishment because they were part of the same event. Loftis claimed that missing written jury instructions meant he couldn't fully contest the second part of the trial. He also stated that the prosecutor made improper comments during closing arguments that hurt his chances of a fair trial. Additionally, he questioned if there was enough evidence to prove he had possession of the drugs. Lastly, he thought that all the errors together should lead to a new trial or change in sentencing. After reviewing everything, the court found that while Loftis’ trial was not perfect, the errors did not warrant a reversal of the conviction. However, because of some issues with the sentencing in light of his past convictions and prosecutor comments, they reduced his sentence to thirty years instead of forty. The court maintained that Loftis had enough information to prepare for his appeal, even without the written jury instructions.

Continue ReadingF-2009-1067

F-2009-563

  • Post author:
  • Post category:F

In OCCA case No. F-2009-563, Hall appealed his conviction for trafficking in illegal drugs. In an unpublished decision, the court decided to affirm his conviction and sentence but modified the amount of his fine. One judge dissented. Hall was found guilty by a jury and sentenced to thirty years in prison and a $25,000 fine. He raised three main points in his appeal. First, he argued that the trial court made a mistake when trying to explain reasonable doubt to the jury. The court found no error here since the trial did not misdefine the term. Second, Hall felt that the jury was given the wrong information about the possible punishment range. However, the court confirmed the instructions were correct but agreed that the fine was set improperly. They ended up reducing Hall's fine to $10,000 because the jury had been given the wrong information about the fine amounts. Lastly, Hall's appeal included a claim that he should have been allowed to argue for a lesser charge related to drug possession, but the court ruled there wasn't enough evidence for this. In summary, the court upheld Hall's conviction and prison sentence, but they lowered the fine he had to pay.

Continue ReadingF-2009-563

F-2009-535

  • Post author:
  • Post category:F

In OCCA case No. F-2009-535, Joseph Lander Smith appealed his conviction for Distribution of a Controlled Dangerous Substance (cocaine base). In an unpublished decision, the court decided to modify Smith's sentence from twenty-five years to seventeen years imprisonment. One judge dissented. Joseph Lander Smith was found guilty by a jury for distributing a controlled substance after he had a previous felony conviction. The jury recommended that he be sentenced to twenty-five years in prison, which the judge agreed to, making it run consecutively with another sentence he was already serving. Smith raised several arguments in his appeal. He first claimed that he didn't get a fair trial because the prosecutor didn’t share important information that could have helped his case. The information was about a witness who helped the state. This witness had her own past troubles with the law but the jury was not told about them. Smith argued that this was wrong because it might have changed how the jury viewed that witness's testimony. Next, Smith said it wasn't right for the jury to know about his previous suspended sentence during the trial. He believed that mentioning this past sentence by the prosecutor made the jury biased against him and influenced the punishment they decided on. The jury even had questions about how his past might relate to their decision, which showed they were affected by this information. Smith also argued that his lawyer didn’t do a good job defending him by failing to investigate these issues properly. However, the court thought that the evidence against him was strong and that the errors made during the trial, while present, did not change his guilt. Still, the judge decided that the combination of these errors meant that Smith should not serve the full twenty-five years, so his sentence was reduced to seventeen years instead. Ultimately, the court affirmed Smith's conviction but changed his sentence to make it lighter, acknowledging the mistakes made during the trial without completely overturning the conviction.

Continue ReadingF-2009-535

F-2009-398

  • Post author:
  • Post category:F

In OCCA case No. F-2009-398, the Appellant appealed his conviction for Unlawful Possession of a Controlled Substance (Phencyclidine) with Intent to Distribute and Unlawful Possession of a Controlled Substance (Marijuana) with Intent to Distribute. In an unpublished decision, the court decided to affirm the conviction for the first count and reverse the conviction for the second count, with instructions to dismiss it. One justice dissented.

Continue ReadingF-2009-398

RE-2008-753

  • Post author:
  • Post category:RE

In OCCA case No. RE-2008-753, the Appellant appealed his conviction for possession of marijuana and driving while privilege revoked. In an unpublished decision, the court decided to affirm the revocation of the Appellant's suspended sentences for most counts, but vacated the revocation of the suspended sentence for one count because the Appellant had already served that sentence. One member of the court dissented. Here's what happened: The Appellant had entered guilty pleas for multiple charges, including possession of drugs and driving offenses, and was given suspended sentences, meaning he would not serve time in jail as long as he followed the rules of his probation. Later, the state accused the Appellant of breaking the rules of his probation. After a hearing, the judge ruled to revoke all of his suspended sentences. The Appellant appealed, arguing that one part of the judge's decision was incorrect because he had already finished serving that part of his sentence. The court agreed and decided to remove the part of the revocation related to that count. However, the court did not find that the judge acted unfairly or excessively in revoking the other suspended sentences, as the Appellant did not comply with the probation requirements despite being given a second chance. In summary, while the Appellant lost the chance to keep those suspended sentences, one mistake in the original order was corrected.

Continue ReadingRE-2008-753

RE-2008-1001

  • Post author:
  • Post category:RE

In OCCA case No. RE-2008-1001, Sedrick Moltke Frierson appealed his conviction for the revocation of his suspended sentences. In a published decision, the court decided to affirm the revocation of six and one-half years of his nine and one-half year suspended sentences. One judge dissented. The case began when Appellant entered a guilty plea for delivering controlled substances and was given a suspended sentence in 2007. This meant he wouldn’t have to serve time in prison right away, but he had to follow certain rules. Unfortunately, he broke those rules by using drugs, committing more crimes, and not paying required fees or attending counseling. The state of Oklahoma requested that his suspended sentences be revoked because he didn’t follow the conditions of his probation. A hearing was held to look into this matter, and the judge decided that Appellant had indeed breached his probation conditions. So, he decided to revoke a big portion of Appellant's suspended sentence. Appellant raised two main points in his appeal. He argued the judge's decision was not fair and that it didn’t help him get better. He also claimed some costs should be removed from the written order, saying they were not part of the original agreement. The court explained that when reviewing a revocation, they could only look at whether probation rules were broken and decide on the sentence. The judge’s original decision to revoke the sentence was affirmed because the Appellant had indeed violated the terms of his probation. However, the court agreed that there was a mistake about some of the conditions in the written order regarding supervision. They said that the written order needed to be updated to reflect that Appellant’s remaining term of supervision should not require him to have any supervision, as the original ruling suggested. Overall, while the revocation was upheld, it was determined that the written decision needed to change to make sure there was clarity about the conditions of the remaining term.

Continue ReadingRE-2008-1001

S-2009-623

  • Post author:
  • Post category:S

In OCCA case No. S-2009-623, Walker appealed his conviction for possession of a controlled drug with intent to distribute. In an unpublished decision, the court decided to affirm the lower court's ruling that reduced the charge to a misdemeanor for possession of marijuana. One judge dissented from the decision. Walker was originally charged after police found a small amount of marijuana at his home. A person named Brawdy had earlier told deputies that he bought marijuana from Walker. When the police searched Walker's home, they found a very small quantity of marijuana and no other evidence like cash or scales that would suggest he was selling drugs. Two district judges reviewed the evidence and concluded that it did not support the idea that Walker intended to distribute drugs; they only found evidence that he might have had the marijuana for personal use. The state argued that since Brawdy mentioned buying drugs from Walker earlier, this should mean Walker had intent to sell. However, the court pointed out that without more evidence, like packaging or cash, they could not say Walker intended to sell the drug. The judges decided that the lower court acted correctly in reducing the charge. Therefore, the ruling from the District Court that lowered Walker's charge to a misdemeanor was upheld.

Continue ReadingS-2009-623

C-2009-410

  • Post author:
  • Post category:C

In OCCA case No. C-2009-410, the petitioner appealed his conviction for possession of a controlled dangerous substance (methamphetamine). In an unpublished decision, the court decided to remand the case for an evidentiary hearing regarding the petitioner's motion to withdraw his guilty plea. One judge dissented. The case revolved around the petitioner who had pled guilty to possessing methamphetamine. He had a plea deal where he was supposed to receive a five-year sentence, but ultimately, he was given a ten-year sentence instead. After his sentencing, the petitioner believed that the judge did not follow the plea agreement correctly and moved to withdraw his guilty plea. The trial court did not hold a hearing on his motion, which the petitioner argued was unfair. He raised several concerns, including that there was no clear reason for his guilty plea, that he might not have been competent to enter the plea, and that he didn’t receive proper help from his lawyer. He also claimed the sentence and other penalties were too harsh. After reviewing everything, the OCCA found that there should have been a hearing on the petitioner's request to withdraw his guilty plea. They ordered the trial court to have a hearing where the petitioner could present his case and have a lawyer help him. The hearing needed to happen within 45 days, and if the motion was denied, the court was to send the details to the OCCA, where the petitioner could appeal if he wished. In summary, the court decided that the petitioner deserved another chance to explain his reasons for wanting to withdraw his guilty plea, and a proper hearing should take place to address those issues.

Continue ReadingC-2009-410

C-2009-69

  • Post author:
  • Post category:C

In OCCA case No. C-2009-69, the Petitioner appealed his conviction for Assault with a Dangerous Weapon, Resisting an Officer, and Possession of a Controlled Dangerous Substance. In a published decision, the court decided to grant the appeal and remand the case for a proper hearing on the motion to withdraw the guilty plea. One judge dissented.

Continue ReadingC-2009-69

RE 2008-411

  • Post author:
  • Post category:RE

In OCCA case No. RE 2008-411, Rocky Allen McCracken appealed his conviction for Unlawful Delivery of Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but modified his five-year sentence to time served. One judge dissented.

Continue ReadingRE 2008-411

F-2007-58

  • Post author:
  • Post category:F

In OCCA case No. F-2007-58, Fredrick Demon Cleveland appealed his conviction for possession of controlled dangerous substances. In a published decision, the court decided to affirm the convictions for possession of cocaine and possession of drug proceeds but reversed the conviction for possession of marijuana with instructions to dismiss. One judge dissented from the decision regarding the marijuana conviction. Cleveland was found guilty of three charges: possessing cocaine with the intent to distribute, possessing drug proceeds, and possessing marijuana. The court sentenced him to various terms in prison, with some sentences running consecutively and others concurrently. Cleveland raised several points in his appeal. He argued that convicting him for both cocaine and marijuana possession violated his rights because the drugs were found together. The court found that although he possessed both drugs, it counted as a single act of possession under the law. Thus, they reversed the marijuana conviction. Regarding another point, Cleveland claimed that a witness gave inappropriate testimony that swayed the jury. The court acknowledged this concern but determined the error was not big enough to change the overall outcome of the case. They emphasized that other evidence supported the convictions for cocaine possession and drug proceeds. In summary, the court affirmed the convictions for cocaine and the related crimes but dismissed the marijuana charges, reflecting that the possession of different drugs at the same time can lead to different legal interpretations based on state law. One judge, however, believed that the marijuana conviction should have been upheld, arguing the legislature intended for both offenses to be prosecuted even when the drugs were found together.

Continue ReadingF-2007-58

F-2007-269

  • Post author:
  • Post category:F

In OCCA case No. F-2007-269, Victor Allen Martin appealed his conviction for several drug offenses, including possession of methamphetamine with intent to distribute. In an unpublished decision, the court decided to reverse one of Martin's convictions for possessing methamphetamine without affixing a tax stamp, as there was not enough evidence to support that charge. The court affirmed his other convictions and sentences, agreeing that the evidence was sufficient for them. One member of the court dissented.

Continue ReadingF-2007-269

F-2005-718

  • Post author:
  • Post category:F

In OCCA case No. F-2005-718, Sylvia Coronado Frias appealed her conviction for Trafficking Methamphetamine and Maintaining a Vehicle Used for a Controlled Dangerous Substance. In a published decision, the court decided to affirm her conviction on both counts but instructed the district court to correct her sentence to match the jury's recommendation. One judge dissented. Frias was found guilty by a jury and received a 20-year prison sentence and a $50,000 fine for Trafficking Methamphetamine, along with a five-year prison sentence and a $10,000 fine for the other charge. However, the judge sentenced her to 25 years without fully explaining why he deviated from the jury's recommendation. The court examined several issues from Frias's appeal, including whether the trial court made mistakes by allowing certain evidence, if juror misconduct occurred, whether Frias had effective legal help, and if the jury was properly instructed regarding her sentence. 1. The court found that admitting the videotape of Frias and another person was done correctly since it was relevant evidence and didn't unfairly hurt her case. 2. The court could not consider claims related to juror misconduct because Frias didn't properly submit evidence to support her statements about it. 3. Frias's claim that her counsel was ineffective also failed because she didn't follow the rules to request further hearings to develop evidence for that claim. 4. The court stated that the trial court was not required to tell the jury about specific sentence limitations concerning trafficking cases. Finally, the court decided that while they agreed with much of the trial court’s findings, the sentence for trafficking had to be corrected to align with the jury's earlier decision of 20 years. The fine would also need to be reviewed.

Continue ReadingF-2005-718

F-2006-113

  • Post author:
  • Post category:F

In OCCA case No. F-06-113, Brown appealed his conviction for drug trafficking and other charges. In a published decision, the court decided to affirm the convictions related to drug trafficking and possession with intent to distribute but reversed the conviction for possession of MDMA with intent to distribute, ordering it dismissed. One judge dissented regarding the dismissal of the MDMA possession charge. Brown was on trial for three main charges: trafficking in illegal drugs (crack cocaine), possession of MDMA with intent to distribute, and eluding a police officer. He was sentenced to life in prison without parole for trafficking, along with fines for the other charges. The case started when Brown led police on a car chase. During the chase, he threw out a bag that was later found to contain crack cocaine and MDMA pills. Brown argued that the trial court made mistakes, including not allowing him a continuance to prepare for trial after he decided to represent himself. The court noted that Brown had a long time to prepare since the case had been ongoing for two years and had already received several continuances. When he asked for a delay on the morning of the trial, it was denied since Brown had indicated he wanted to proceed. He also argued that he should have been given a lesser charge of possession with intent to distribute instead of trafficking. However, since he had over 16 grams of crack cocaine, which met the requirements for trafficking, the court did not agree with this. In another point, Brown claimed that having charges related to two different drugs was unfair and violated laws against double punishment for the same act. The court agreed that both drugs were in one bag and thus counted as a single act, leading them to reverse the MDMA conviction. Brown complained about the removal of a juror who was an intern for the public defender's office, claiming it was unjust. The court found that the trial judge acted properly to ensure an unbiased jury since the intern had worked with Brown's attorney. Lastly, Brown argued that his life sentence was harsh and that he was not allowed to present evidence in his favor during sentencing. However, the court pointed out that presenting such evidence is not a right in non-capital cases. Overall, the court upheld most of the trial's decisions while acknowledging a legal distinction that warranted the dismissal of the MDMA charge. One judge disagreed, feeling the convictions were justified and should stand.

Continue ReadingF-2006-113

F-2005-786

  • Post author:
  • Post category:F

In OCCA case No. F-2005-785, Charles Milton Smith, Sr., and Bonnie Smith appealed their convictions for multiple crimes. In a published decision, the court decided that the trial court had made a mistake by ruling that the Smiths were not entitled to a court-appointed attorney, which violated their right to legal representation. Consequently, the court reversed their sentences and ordered a new trial. One judge disagreed with the decision.

Continue ReadingF-2005-786

RE-2006-363

  • Post author:
  • Post category:RE

In OCCA case No. RE-2006-363, the appellant appealed her conviction for possession of a controlled dangerous substance (cocaine) with intent to distribute. In a published decision, the court decided to affirm the revocation of the suspended sentence but modified the sentence to six years of incarceration. One judge dissented. The background of the case includes that the appellant entered a guilty plea in July 2003 and was sentenced to twelve years, which was suspended on the condition that she complete an inpatient drug treatment program. However, in March 2005, the state filed an application to revoke her suspended sentence due to several violations, including failure to report to her probation officer and failing to comply with drug testing and treatment requirements. The court found that she also had new drug-related charges against her. In November 2005, a hearing took place where she admitted to the violations. The court then revoked her suspended sentence completely. The appellant later tried to withdraw her plea regarding the revocation but was denied. The review showed that the court followed proper procedures, and the evidence supported the decision to revoke her sentence. Although the court upheld the decision, it decided to lower the amount of time she would spend incarcerated from twelve years to six years.

Continue ReadingRE-2006-363

F-2005-366

  • Post author:
  • Post category:F

In OCCA case No. F-2005-366, Timothy Purcell Teafatiller appealed his conviction for Possession of Concealed Drug. In an unpublished decision, the court decided to reverse the conviction and remand the case for further proceedings. One judge dissented. Teafatiller was found guilty by a jury for having a small amount of methamphetamine that was discovered in his wallet. He was sentenced to six years in prison. He raised seven main points in his appeal. The court mainly focused on one significant issue: the destruction of the evidence against him, which Teafatiller argued violated his rights. The drugs were received by a state bureau for testing and then sent back to the sheriff’s office for destruction without informing Teafatiller or his lawyer. This meant that Teafatiller could not have the chance to test the evidence that was being used against him. The court found that this action went against laws meant to protect the rights of individuals and ensure a fair trial. The judges concluded that the destruction of the evidence constituted a serious violation of Teafatiller's rights. While in previous similar cases, not having evidence might not have led to a reversible error, in this situation, the specific evidence that formed the basis of the charges was completely destroyed. Because there was no opportunity for Teafatiller to review or challenge the evidence, the court decided the only fair action was to reverse the conviction. As a result, the court mandated that the case be sent back for new proceedings where Teafatiller would have the chance to examine the evidence against him, ensuring his rights were upheld.

Continue ReadingF-2005-366

F 2004-1182

  • Post author:
  • Post category:F

In OCCA case No. F 2004-1182, Bryan Matthew Carroll appealed his conviction for multiple offenses. In an unpublished decision, the court decided to reverse some of his convictions and modify others. One judge dissented. Carroll was found guilty by a jury of several charges. These charges included Assault and/or Battery with a Dangerous Weapon, Attempting to Elude a Police Officer, and Unlawful Possession of Drug Paraphernalia, among others. The jury sentenced him to various fines and jail time for these offenses. Carroll argued that he was unfairly punished for some offenses and that there was not enough evidence to support the charges against him, especially for the more serious ones like Assault and Unlawful Possession of Drug Paraphernalia. He claimed his rights were violated and that he did not receive fair representation from his lawyer. In looking at Carroll's appeal, the court decided to dismiss some of the judgments against him, specifically the Assault and Unlawful Possession of Drug Paraphernalia charges. The court found that the evidence did not convincingly support the Assault charge and there was not enough proof that Carroll was intending to use the paraphernalia for drugs. For the Attempting to Elude charge, the court noted that Carroll was also convicted for not stopping at a stop sign while trying to escape from the police, which should not happen according to legal rules. The court ruled that one of the offenses was covered by the other, and that means Carroll was unfairly charged twice for one action. As for other charges, the court changed the punishment for speeding because the jury was not correctly informed about the possible penalties. They modified Carroll's sentence for that charge but kept the other sentences intact, concluding that they were fair based on what happened. In summary, Carroll's case showed that even when someone is charged with multiple offenses, it's important for the legal system to follow rules to ensure fairness. The court made changes that reflected these principles, showing that justice is essential in every case.

Continue ReadingF 2004-1182

F-2005-314

  • Post author:
  • Post category:F

In OCCA case No. F-2005-314, the appellant appealed his conviction for the Manufacture of a Controlled Dangerous Substance (methamphetamine). In an unpublished decision, the court decided to modify the conviction to Attempting to Unlawfully Manufacture Methamphetamine. One judge dissented. Here’s a summary of the case: Morton D. Hayner was found guilty of making methamphetamine in a trial. The jury sentenced him to life in prison and imposed a $50,000 fine. Hayner argued that the evidence was not enough to prove he manufactured meth, he should have been given chances for lesser charges, and that the fine was too high for him since he didn't have much money. The court looked carefully at the evidence and agreed with Hayner on the first point. They said he was actually trying to manufacture meth but had not finished the process when the police arrived. So, they changed his conviction from manufacturing to attempting to manufacture. On the second point, the court found that Hayner was not denied the chance to consider lesser charges. For the third point, the court decided the fine was appropriate because it matched the seriousness of the crime. In conclusion, Hayner's conviction was changed to Attempting to Unlawfully Manufacture Methamphetamine, but the life sentence and fine were kept the same.

Continue ReadingF-2005-314

F 2004-1002

  • Post author:
  • Post category:F

In OCCA case No. F 2004-1002, Benny Paul McCartney appealed his conviction for attempted manufacturing of a controlled dangerous substance, possession with intent to distribute, and possession of a controlled dangerous substance. In an unpublished decision, the court decided to affirm his convictions for the first two counts but to reverse and dismiss the third count due to double jeopardy concerns. One judge dissented regarding the reversal of the third count, arguing that the appellant violated two different laws and should be held accountable for both.

Continue ReadingF 2004-1002

F-2004-939

  • Post author:
  • Post category:F

In OCCA case No. F-2004-939, the appellant appealed his conviction for manufacturing methamphetamine and possession of methamphetamine with intent to distribute. In an unpublished decision, the court decided to modify the sentences for both convictions to seven years each, affirming the judgment in other respects. One judge dissented.

Continue ReadingF-2004-939

F-2004-281

  • Post author:
  • Post category:F

In OCCA case No. F-2004-281, Lori Jo Schram appealed her conviction for Possession of Precursor Substances with the Intent to Manufacture a Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to affirm the conviction and sentence but vacated the order of restitution. One member of the court dissented. Lori Jo Schram was found guilty by a jury in Grady County after the police found items related to methamphetamine production at a trailer. The jury decided that she should go to prison for ten years, but five years would be suspended, along with a fine of $10,000. The court also said she needed to pay $2,544.46 to the victim. On appeal, Schram raised several points for why she thought her conviction should be reversed. First, she said the trial court made a mistake by not allowing a motion to suppress evidence. She argued the police obtained a search warrant through an illegal search. However, the court explained that an officer was invited to the property and found suspicious items in plain view. Therefore, the court said the search was legal and that the trial court did not make an error. Second, Schram claimed that the prosecution did things that were unfair and that these actions affected her sentence. The court looked at the instances she mentioned and noted that the trial judge told the jury to ignore any improper comments from the prosecutor. The court believed this helped fix any potential errors, and since Schram received a light sentence, the issues raised did not impact it. Finally, Schram argued that the amount of restitution she was ordered to pay was wrong because she was not convicted of manufacturing methamphetamine, only possession. The court agreed that the trial court did not properly determine the restitution amount based on the guidelines, so they decided to vacate that order and send it back to the trial court for a proper assessment. Overall, the court upheld the conviction but changed the restitution order, making it necessary for the trial court to reassess how much Schram owed.

Continue ReadingF-2004-281

RE-2004-435

  • Post author:
  • Post category:RE

In OCCA case No. RE-2004-435, the appellant appealed his conviction for unlawful possession of a controlled dangerous substance. In an unpublished decision, the court decided to reverse the revocation of his suspended sentences and return the case for further proceedings. One judge dissented. In the original case, the appellant pleaded guilty to three counts involving illegal drugs. The judge sentenced him to several years in prison but suspended the sentences with conditions, including not using drugs or not violating any laws. Later, the state asked to revoke his suspended sentences because he was arrested for new drug-related crimes. The state claimed he broke the terms of his probation. During a hearing, the appellant's probation officer testified but did not have direct evidence against the appellant, like a confession or firsthand knowledge, which led to questions about the evidence's reliability. The judge revoked the appellant's probation, but the appeals court found the evidence insufficient to support this decision. They explained that the state did not provide enough solid proof that the appellant committed new crimes and emphasized the importance of the right to confront witnesses when proving probation violations. As a result, the court reversed the revocation decision and ordered the case to be sent back for further proceedings.

Continue ReadingRE-2004-435