Controlled Drug

F-2005-1094

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In OCCA case No. F-2005-1094, #x appealed his conviction for #y. In a published decision, the court decided to reverse his conviction and remand the case for a new trial. #n dissented. Charles Arnold Fields was found guilty of delivering a controlled drug after having been convicted of felonies before. The jury gave him a sentence of 15 years to life in prison and a big fine. Fields did not like his representation during the trial, and he wanted to fire his lawyers. But the judge told him he could either continue with his lawyers or represent himself with them helping him. The case had three main issues. The first one was about whether Fields gave up his right to have a lawyer in a way that was clear and fair. The second issue questioned whether his long sentence was okay. The last issue looked at whether the judge made a mistake by not allowing Fields to challenge some evidence. The court found that Fields did not really ask to represent himself, and the judge did not explain to him the problems that could arise from not having a lawyer. Because of this, the court said he deserved a new trial. Since they decided on the first issue, they did not need to look into the other two issues. The court's final decision was to cancel the previous judgment and send the case back for a new trial.

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F-2005-987

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In OCCA case No. F-2005-987, Jimmy Douglas Letterman appealed his conviction for unlawful possession of controlled drug (methamphetamine), unlawful possession of marijuana, possession of a firearm while in commission of a felony, and unlawful possession of paraphernalia. In an unpublished decision, the court affirmed his convictions for possession of methamphetamine, possession of a firearm during the commission of a felony, and unlawful possession of paraphernalia, but reversed his conviction for unlawful possession of marijuana, with instructions to dismiss. One judge dissented.

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PR-2006-120

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In OCCA case No. PR-2006-120, a petitioner appealed her conviction for unlawful possession of a controlled drug (methamphetamine) and driving without seatbelts. In a published decision, the court decided to grant the petitioner's request for relief in part and deny it in part. One judge dissented. The case began when the petitioner was charged with possessing methamphetamine and driving without a seatbelt. She initially agreed to a plea deal with the state, which involved accepting guilt for the drug charge and a fine for the seatbelt violation. However, when the petitioner refused to follow through with the state’s conditions for the plea, she attempted to enter a non-negotiated or blind guilty plea. The judge refused to accept her blind plea and insisted she proceed to trial, stating she did not have an absolute right to plead guilty. The petitioner believed she should be allowed to enter her guilty plea without the state’s conditions. This disagreement led her to file a petition with the court seeking orders to either allow her to plead guilty or to prevent the judge from forcing her to go to trial. After reviewing the facts of the case, the court found that the petitioner had a clear legal right to have her guilty plea accepted if it met the necessary legal requirements. The court noted that it was a mistake for the judge to reject her plea without evaluating whether it was voluntary and if there was a factual basis for it. The court granted part of the petitioner’s request by directing the district court judge to conduct a hearing on her blind plea and accept it if it correctly fulfilled the legal standards. However, the court denied her request to have her plea regarding the seatbelt violation accepted, as that plea required the judge’s approval. The dissenting judge expressed concerns about whether the petitioner had truly shown that she was being harmed by the trial court's refusal to accept her plea, suggesting that any challenges to a guilty plea rejection should typically be taken up in direct appeals rather than with this type of petition. The dissenting judge also supported the trial judge's discretion, arguing that the right to a jury trial must be upheld. In summary, the court ruled that the petitioner should be given a chance to enter her guilty plea under the law, but that her plea regarding the seatbelt violation did not have to be accepted.

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S-2005-657

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In OCCA case No. S-2005-657, the State of Oklahoma appealed a ruling related to two individuals who were accused of having marijuana with the intent to distribute, along with drug paraphernalia. In an unpublished decision, the court decided to uphold the lower court's ruling that excluded certain evidence. One judge dissented. Here's what happened: The police received a report that someone smelled marijuana coming from a house. When an officer arrived at the scene, he also smelled the marijuana and entered the home without permission. He searched a few areas and found marijuana and a pipe. The two accused individuals stated that the police officer had no right to enter or search their home. Eventually, a search warrant was issued based on the officer's report of the smell of marijuana. However, during a preliminary hearing, it was decided that the initial search was illegal because the officer did not have permission to enter the house and there were no emergency reasons to justify his actions. The judge in the lower court decided that the evidence collected from the illegal search could not be used to support the search warrant, meaning that the search warrant itself could not stand. Since there was no valid reason to issue the search warrant without the evidence from the initial illegal search, the evidence collected after the warrant was also thrown out. The state argued that the smell of marijuana alone could be enough to justify the search warrant. Still, the judge said that strong evidence was needed and that the warrant was based too much on the illegal findings from the first search. This led the court to agree that the evidence against the accused individuals could not be used, affirming the earlier decision made by the lower court. In short, the court ruled that because the initial search was illegal, it weakened the case against the accused, and thus their evidence should not be included.

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F-2004-1080

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In OCCA case No. F-2004-1080, Kirk Douglas Byrd appealed his conviction for multiple offenses, including Unlawful Possession of a Controlled Drug and Driving Under the Influence of Intoxicating Liquor. In a published decision, the court decided to affirm most of the convictions but modified the sentence for the DUI charge to ten years. One judge dissented.

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RE-2004-812

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In OCCA case No. RE-2004-812, Duckett appealed his conviction for Unlawful Possession of A Controlled Drug. In a published decision, the court decided to reverse the order of the District Court regarding the revocation of Duckett's suspended sentence and instructed the court to dismiss the case, leading to Duckett's immediate release. One judge dissented. The case began when Duckett entered a guilty plea for possessing crack cocaine and was given a three-year suspended sentence. However, in 2002, the state wanted to revoke this sentence due to alleged violations of probation. Duckett was arrested and confessed to violating the terms of his probation in early 2003, but his sentencing was postponed several times. When Duckett failed to appear for a hearing in June 2004, a warrant for his arrest was issued. After being taken into custody, he had his sentencing hearing on July 26, 2004, during which the court revoked his suspended sentence due to his absence at the earlier hearing. Duckett appealed this decision, arguing that the court could not revoke his probation after his three-year term had expired. The court agreed with Duckett's argument, stating that the District Court did not have the authority to sentence him after the probation had ended. Although the court had taken steps to help him, such as continuously supervising his probation, the law does not allow for a suspended sentence to be extended indefinitely. The ruling emphasized that once the suspended sentence expired, the District Court lost its power to revoke it. Therefore, the court reversed the earlier decision and instructed the District Court to dismiss the case, allowing Duckett to be released.

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F-2004-729

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In OCCA case No. F-2004-729, Candy Mae Easton appealed her conviction for Manufacturing Methamphetamine and Unlawful Possession of a Controlled Drug. In a published decision, the court decided to reverse her conviction for manufacturing methamphetamine but affirmed her conviction for unlawful possession of a controlled drug. One judge dissented concerning the reversal of the manufacturing charge. Candy Mae Easton was on trial after neighbors reported a strong smell related to methamphetamine coming from the home of her co-defendant. Officers investigating found evidence that suggested meth was being made in the house, including white powder and other materials commonly used to manufacture meth. Easton admitted to using meth, but she said she did not help make it. The court examined whether there was enough proof to show that Easton helped her co-defendant in making the drug. The majority opinion stated that just knowing about the manufacturing and using the drug doesn’t mean she encouraged or assisted in making it. The appellate court mentioned that encouragement must be shown by some action or words, which were not present in Easton’s case. As a result, Easton’s conviction for manufacturing meth was reversed, meaning she was found not guilty of that charge. However, the conviction for unlawful possession was upheld because her sentence and fine were within the legal limits and were not seen as too harsh. The dissenting opinion believed there was enough evidence to support that Easton aided in the manufacturing, and thus would have kept her conviction for that charge. The judges' roles were discussed in terms of assessing evidence and the credibility of decisions made by the trial judge, emphasizing that it isn’t their place to change those factual decisions based on their opinions. Ultimately, the case was sent back to be corrected only in terms of the record regarding the possession conviction, while the manufacturing conviction was dismissed.

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C-2003-136

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In OCCA case No. C-2003-136, Justin Lyle Thomas appealed his conviction for Unlawful Possession of Marijuana with Intent to Distribute, Unlawful Possession of a Controlled Drug, and Operating a Motor Vehicle Under Suspension. In a published decision, the court decided to reverse the district court's decision regarding his ability to withdraw certain guilty pleas. One judge dissented. Thomas had pleaded guilty to several charges and was supposed to complete a drug court program to avoid sentencing. However, after not doing well in the program, the state wanted to sentence him. He asked to withdraw his guilty pleas for some of the counts, and the court agreed to let him withdraw his pleas for two of the charges but denied his request for the other two. Thomas argued that he had not been properly informed about the possible sentences for the charges. The court found that there was a mistake about the punishment ranges, specifically for the drug charges. They ruled that this mistake affected his decision to plead guilty, and because of this, he should have been allowed to withdraw his pleas for all counts. The court decided in favor of Thomas and said the lower court had made a mistake when it denied his request. However, one judge disagreed and believed that the incorrect information did not really influence Thomas’s decision to plead guilty to the other charges.

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RE-2003-455

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In OCCA case No. RE-2003-455, Janis Gale McAbee appealed her conviction for the unlawful possession of a controlled drug with intent to distribute and unlawful possession of drug paraphernalia. In a published decision, the court decided to affirm the revocation of her suspended sentence. One judge dissented. McAbee had originally pled guilty to the charges and received a five-year suspended sentence, which meant she would not have to serve time in prison if she followed the rules of her probation. However, the state claimed that she broke those rules by committing new crimes. A petition was filed to revoke her suspended sentence, and during the hearing, the judge decided that the evidence collected by the police could still be used in the revocation hearing even if it may have been obtained inappropriately. The judge believed that the police did not act so wrongly that it would be shocking or unfair. After hearing the evidence, the judge found that McAbee had violated her probation. Even though she argued that the evidence was not enough to support the revocation, the court disagreed and said that what was found was enough to prove she broke the rules. In the end, the court decided to keep McAbee's sentence as it was but ordered a correction to the records to show that one of her sentences should actually have been one year instead of five years. The court affirmed the lower court's decision while making this correction.

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F-2002-1511

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In OCCA case No. F-2002-1511, Helen Rosson appealed her conviction for Unlawful Delivery of a Controlled Drug. In an unpublished decision, the court decided to affirm the judgment but modify the sentence to ten years' imprisonment. One judge dissented, suggesting the sentence should only be reduced to forty-five years, not ten. Rosson was convicted after a jury trial where she was sentenced to fifty years and a large fine. She raised several issues on appeal, including being punished twice for a single event, the unfair introduction of other crimes evidence, prosecutorial misconduct, and the excessive nature of her sentence. The court found her convictions did not violate double jeopardy laws, noted that the evidence of other crimes should not have been included, but concluded that it did not unfairly influence the jury's decision on guilt. The sentence was modified due to the impact that the inadmissible evidence had on the jury’s sentencing decision.

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RE-2003-86 and RE-2003-87

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In OCCA case No. RE-2003-86 and RE-2003-87, Christi Marie Farris appealed her conviction for the revocation of her suspended sentences. In a published decision, the court decided to affirm the revocation but remanded the case to the district court to order that the sentences be served concurrently. One judge dissented.

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F 2001-465

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In OCCA case No. F 2001-465, Tashiro Rudy Tillman appealed his conviction for Unlawful Possession of a Controlled Drug with Intent to Distribute and Obstructing an Officer. In a published decision, the court decided to affirm the conviction on the drug charge but vacated the sentence for that charge, requiring resentencing. The conviction for obstructing an officer was upheld. One judge dissented.

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RE-2000-1566

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In OCCA case No. RE-2000-1566, the appellant appealed his conviction for unlawful possession and distribution of controlled drugs. In a published decision, the court decided to vacate the order that suspended the appellant's sentences and remanded the case for further proceedings. One judge dissented. The case began when the appellant was found guilty of possessing cocaine, methamphetamine, and distributing drugs to a minor. These offenses happened on January 30, 1994, and the appellant entered guilty pleas on March 27, 1995. As part of a plea agreement, the state recommended a fifteen-year sentence for each charge, which was to be served concurrently. The court accepted the pleas and suspended the sentences under probation conditions. In 1998, the state sought to revoke the suspended sentences because the appellant was allegedly found in possession of methamphetamine. During the revocation hearing, the judge ordered the sentences to be revoked in full based on the evidence presented. The appellant argued that the case should be sent back to the lower court, allowing him to withdraw his guilty plea, referencing a previous case for support. The court noted that the appellant had not previously disclosed several felony convictions before accepting his guilty plea, which raised questions about the validity of the initial suspended sentence. The court ruled that the suspensions were invalid due to legislative restrictions against suspending sentences for individuals with previous felony convictions. As a result, the court instructed the lower court to hold further proceedings consistent with the decision referenced in the previous case. Additionally, it was ordered that the appellant be given a chance to withdraw his guilty plea. If he chose to do so, the prior convictions would be vacated, allowing the state to prosecute him again if necessary. If he decided to keep the guilty plea, the sentences would be executed immediately, with credit given for the time already served. Ultimately, the court's decision led to the dismissal of remaining errors regarding the revocation orders, as they were deemed moot now that the suspension orders were vacated.

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F 2001-434

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In OCCA case No. F 2001-434, the appellant appealed his conviction for multiple drug-related charges. In an unpublished decision, the court decided to reverse and dismiss some of the charges while affirming others. One judge dissented regarding the dismissal of a particular charge. William Forrest Mondier was found guilty of attempting to make drugs, possessing drugs, and allowing a place for drug users. The court looked at his case and found mistakes in how the jury was instructed regarding one of the charges. Because the jury didn't have the right information, they couldn't properly decide if Mondier had acted knowingly or intentionally when maintaining a place used for drugs. Therefore, that conviction was reversed. The court also found that Mondier's possession of marijuana and methamphetamine was too similar to keep both convictions, so they reversed one of them. However, his other convictions, including drug manufacturing and possession of drug paraphernalia, remained in place, as there was enough evidence against him for those charges. There were also several arguments raised by the appellant about the fairness of his trial and the enforcement of laws regarding the charges, but the court denied those claims. The final decision was to reverse and dismiss the charge of maintaining a place for drug users and the marijuana charge. The convictions for attempting to manufacture drugs and possessing paraphernalia were affirmed. One judge disagreed with the dismissal and wanted a new trial instead.

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C-2000-1344

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In OCCA case No. C-00-1344, Betts appealed his conviction for multiple offenses including Driving Under the Influence of Drugs and Assault on a Police Officer. In a published decision, the court decided to grant his petition for relief regarding some of the convictions due to a lack of adequate factual support for those charges. One judge dissented. Betts had pleaded guilty to several charges in a lower court, but later claimed he did not understand all the details of the offenses or the punishments he could receive. He filed a motion to withdraw his plea, which was denied by the district court. The case was then brought to the Oklahoma Court of Criminal Appeals. The court looked at the reasons Betts provided for wanting to withdraw his plea. One of the main issues was that there was not enough factual evidence to support certain charges against him. For instance, when Betts admitted some wrongdoing, he did not talk about other specific charges like the drug possession or tampering with a vehicle. The court found that because of this, Betts did not really enter his plea to those counts in a fair way. While the court affirmed one of his convictions related to Assault and Battery on a Police Officer, they reversed other convictions regarding Driving Under the Influence of Drugs and related charges. The court also mentioned that there were problems with how restitution was handled, which means determining if and how much money Betts should pay for what he did. Overall, the court sent the case back to the district court to ensure that the restitution issues were corrected and to check if the earlier order of restitution was appropriate for the right case. The court set a timeframe for the district court to work on these issues. In summary, the court found that Betts was not properly informed or supported for several of the charges against him, leading them to reverse some of his convictions while affirming one, and they ordered further hearings on the restitution matter.

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F-1999-1260

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In OCCA case No. F-99-1260, Carl Ray Holmes appealed his conviction for unlawful manufacture of methamphetamine, unlawful possession of methamphetamine with intent to distribute, and unlawful possession of marijuana. In an unpublished decision, the court decided to affirm the convictions for the first two counts but reversed the marijuana possession conviction, ordering a new trial for that count. One judge dissented regarding the second count, suggesting it should be dismissed due to double jeopardy concerns.

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