Controlled Dangerous Substances Archives

RE-2021-1042

Post author:Staff
Post published:January 19, 2023
Post category:RE

In OCCA case No. RE-2021-1042, Matthew Bryan Buttery appealed his conviction for a series of crimes including distribution of controlled substances and petit larceny. In a published decision, the court decided to affirm the revocation of his suspended sentence but ordered that his new sentence run concurrently with a prior sentence from another case. One judge dissented on the issue of how the sentences should relate to one another. Matthew Buttery had previously pled guilty to several charges. He was given a ten-year suspended sentence, which means he didn't have to serve time in prison at that moment but had to follow certain rules. If he broke any rules, the court could take back that suspended sentence and send him to prison. The state claimed that Buttery did not report as required, did not pay his probation fees, and committed a new crime, for which they wanted to revoke his suspended sentence. During the hearing, the court found Buttery had violated the terms of his probation and revoked his suspended sentence. Buttery argued that the court made a mistake by not giving him credit for time he had already served and by ordering that his new sentence run after a different sentence from another county. The court explained that it had the right to revoke Buttery's suspended sentence because he violated the rules. They stated they didn't have to give him credit for time served because the suspended sentence is not changed by the violation. They also found that the judge improperly decided his new sentence would run after the one from the other county rather than at the same time. The judges clarified that when a sentence is revoked, it should not change how sentences from different cases affect each other. In the end, Buttery's appeal led to some changes. The court ordered that his new sentence should run concurrently, meaning he would serve them at the same time, rather than one after the other. However, the court upheld the overall decision to revoke his suspended sentence for breaking the rules of his probation. One judge agreed with the decision to affirm the revocation but disagreed with other parts of the analysis regarding the relationship between the sentences. So, to summarize, the main points from the case are that Matthew Bryan Buttery's suspension was revoked because he violated probation rules, but the court made a mistake when deciding how his new sentence should relate to an older sentence. He is to serve them at the same time now, according to the latest court ruling.

F-2020-291

Post author:Staff
Post published:June 10, 2021
Post category:F

In OCCA case No. F-2020-291, Christopher Alan Vaughn appealed his conviction for Trafficking in Illegal Drugs. In a published decision, the court decided to reverse his sentence and remanded the case for resentencing. No one dissented. Vaughn was found guilty by a jury after being accused of trafficking drugs. During the trial, there was a mistake with how the jury understood the punishment for his crime. The jury first marked that he had multiple prior convictions incorrectly, which was fixed when the judge voided it and asked the jury to fill out a proper verdict form. Eventually, the jury marked his prior felony convictions correctly but failed to suggest a sentence. The judge then decided to give him a life sentence without the possibility of parole. Vaughn argued that the judge gave the jury wrong instructions about what the punishment should be. He claimed that the law at the time of his crime said that punishment could range from 20 years to life or life without parole, not just life without parole. The State agreed that there was a mistake in how Vaughn was sentenced. The court reviewed the arguments and found that the jury should have been given proper instructions about the range of punishment. The law in effect when Vaughn committed his crime said that if someone had two or more previous felony convictions, the person could receive a sentence of at least 20 years to life or life without parole, but his prior convictions were not for trafficking, so the incorrect instructions could lead to an unfair sentence. Because of this issue, the court decided to reverse Vaughn’s sentence and sent the case back to the lower court for him to be resentenced properly under the correct guidelines.

F-2017-1214

Post author:Staff
Post published:April 11, 2019
Post category:F

In OCCA case No. F-2017-1214, Marco Antonio Hernandez appealed his conviction for Trafficking in Illegal Drugs (Methamphetamine) and Unlawful Possession of a Controlled Drug with Intent to Distribute (Marijuana & Cocaine). In an unpublished decision, the court decided to affirm the convictions and sentences as they were presented. A dissenting opinion noted disagreement with the majority's conclusions regarding lesser included offenses and related jurisprudence. Here’s a summary of the case events: Marco Hernandez was found guilty of serious drug offenses after police searched his motel room and discovered illegal drugs and paraphernalia. Specifically, the officers found marijuana, methamphetamine, cocaine, and various drug-related items. The police execution of the search warrant included forcing entry into his room when no one answered the door. During their search, they also found evidence suggesting Hernandez had been dealing drugs for a long time. Hernandez was sentenced to life in prison, with fines associated with his offenses. Throughout the trial, Hernandez confessed to drug possession and selling drugs, but he also tried to shift some of the blame to his girlfriend. The court faced challenges regarding whether the jury was correctly instructed on lesser included offenses, which could provide alternative verdict options for the jury beyond the heavier charges they faced. Hernandez’s appeals focused on the court's jury instructions and his attorney's effectiveness during the trial. The majority opinion found that the trial court did not err in not giving instructions about lesser included offenses since there was not sufficient evidence to support these lesser charges. Ultimately, the appeals court agreed with the trial court's decisions and upheld the convictions, despite dissenting opinions that argued for a need to reconsider how lesser offenses were treated in this case. The judgment and sentence were thus affirmed, meaning Hernandez's convictions and sentences stood as delivered by the lower court.

F 2015-738

Post author:Staff
Post published:August 8, 2016
Post category:F

In OCCA case No. F 2015-738, Richard Jerrel Jackson appealed his conviction for multiple drug-related offenses and driving with a suspended license. In an unpublished decision, the court decided to reverse and dismiss some of the charges while affirming the rest of the conviction. One judge dissented. Jackson was found guilty of possessing methamphetamine, marijuana, alprazolam, drug paraphernalia, and driving with a suspended license. His sentences included life imprisonment for the methamphetamine conviction and varying years for the other charges, all to be served consecutively. Jackson raised several arguments on appeal, mainly focusing on claims of double jeopardy, ineffective counsel, and evidence errors. The court found that it was wrong for Jackson to be convicted of possession of three drugs when they were all found together. The State agreed that this violated the rules against double punishment, leading to a reversal of the convictions related to the marijuana and alprazolam. For the other claims, including the effectiveness of Jackson's lawyer and various evidentiary issues, the court ruled largely in favor of the trial's findings, concluding that Jackson had not demonstrated any substantial harm or errors that affected his conviction significantly. This included affirming the use of prior felony convictions for sentencing enhancements and the handling of evidence during the trial. In summary, while the court dismissed two of the charges against Jackson, it upheld the others and determined that there were no significant errors in how the trial was conducted. The judges agreed on most aspects of the case, with one judge expressing a differing opinion on some points.

F-2010-99

Post author:Staff
Post published:October 21, 2011
Post category:F

In OCCA case No. F-2010-99, Sheila Diane Royal appealed her conviction for multiple drug-related offenses. In an unpublished decision, the court decided to affirm all of Royal's convictions but to modify her sentence for one of the misdemeanor charges due to a procedural error during her trial. One judge dissented. Royal was found guilty by a jury of 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. The jury determined that Royal had prior felony convictions, which enhanced her sentence. Royal received a life sentence without parole for the drug trafficking charge, among other sentences for the remaining charges. The case began when police officers went to Royal's house to look for a man with a warrant. Royal and her boyfriend denied knowing him and gave consent for the officers to search. During the search, officers found scales, crack cocaine, marijuana, a firearm, and a large amount of cash, leading to Royal's arrest. Royal raised several issues on appeal, including claims of multiple punishments for the trafficking and tax stamp offenses, the proper handling of her prior convictions during the trial, and the way the trial court conducted jury selection. The court found that the convictions for trafficking and failing to obtain a tax stamp did not violate double jeopardy rules because the laws intended for separate punishments. It also concluded that Royal did not make a sufficient objection to how her prior convictions were handled, thus denying her request for relief. Regarding the claim about possession of paraphernalia, the court agreed that the trial court made a mistake by improperly separating the trial stages, which influenced the jury's punishment decision. The court modified her sentence for this charge accordingly. The jury selection process was also scrutinized, but the court upheld the removal of certain jurors who may not have been impartial due to their own legal issues. Lastly, the court noted that Royal was required to wear a shock device during trial, which raised concerns under legal rules governing restraints on defendants. The court agreed that there wasn't enough evidence justifying the need for such restraint, but because it was not visible to the jury, it did not affect the trial's outcome. In summary, while Royal's convictions were largely upheld, the court made adjustments based on procedural concerns during her trial.

F-2003-278

Post author:Staff
Post published:October 7, 2004
Post category:F

In OCCA case No. F-2003-278, Carrol Gene Hightower appealed his conviction for cultivation of marijuana, possession of marijuana with intent to distribute, maintaining a dwelling house for keeping controlled drugs, and failure to display a stamp on a controlled drug. In an unpublished decision, the court decided to affirm most of the convictions and sentences but reversed and dismissed the conviction for possession with intent to distribute due to double punishment concerns. One judge dissented.