District Court

F-2009-528

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In OCCA case No. F-2009-528, Jimmy Lee Baker appealed his conviction for Assault and Battery With A Dangerous Weapon After Two Or More Felony Convictions and Malicious Injury To Property. In a published decision, the court decided to reverse the conviction and order a new trial. One judge dissented. Jimmy Lee Baker was found guilty by a jury of two charges. The first charge was about hurting someone with a dangerous weapon after having two or more previous felony convictions. The second charge was related to damaging someone else's property. The jury decided Baker should serve life in prison for the first charge and for the second charge, they gave him a fine but did not suggest a specific punishment. Baker argued several points during his appeal which he believed were unfair to him. Firstly, he claimed he did not get a fair trial because the state did not share important information about the main witness against him. This witness had a past with drugs and a criminal record, which could have shown that he had reasons to lie. Baker’s defense lawyer also did not use this information to help his case. Secondly, Baker felt that his lawyer did not do a good job during the sentencing part of the trial, which led to a harsher punishment than necessary. He thought the lawyer should have done more to defend him. Thirdly, Baker argued that the judge did not explain what counted as a dangerous weapon or give the jury the option of deciding on a lesser charge of simple assault and battery. He believed his lawyer should have asked the judge for these explanations. Lastly, Baker said it was wrong for the court to allow testimony about injuries to someone else that was not related to his charges. He believed this made the jury think badly of him for things he did not do. After reviewing the case, the court found that the state failed to provide Baker with evidence that could have helped his defense, specifically information about the witness that could show bias or dishonesty. Because this information was important and could have changed the outcome of the trial, the court decided to reverse Baker’s conviction and grant him a new trial. Since the court was reversing the conviction based on this issue, they did not need to look at the other arguments Baker made.

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C-2009-900

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In OCCA case No. C-2009-900, Hooks appealed his conviction for First Degree Rape. In an unpublished decision, the court decided to grant his request for a new hearing on his motion to withdraw his guilty plea. One member of the court dissented. Leon Lee Hooks was sentenced to thirty years in prison, but he could have ten years suspended. He decided to plead guilty, but later felt that he did not have the help he needed from his lawyer during the plea process. He filed a motion to change his plea and wanted to show that he was not given a fair defense. The main question was whether Hooks received good help from his attorney when asking to withdraw his guilty plea. The court found that there was a conflict because Hooks' complaints were about the quality of help from his lawyer. The lawyer could not fully defend Hooks and also prove that he did a bad job at the same time. Because of this, the court believed Hooks had a right to a new hearing where he could have a different lawyer who could help him without any conflicts. This was important to ensure he received a fair chance to prove his side of the story. In conclusion, the court decided to allow Hooks to have another chance to explain why he wanted to withdraw his guilty plea with the assistance of a lawyer who did not have a conflict of interest.

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S-2009-1176

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In OCCA case No. S-2009-1176, Don Wayne Townsend Jr. appealed his conviction for Omission to Provide for Minor Child. In a published decision, the court decided to affirm the trial court's dismissal of the case. No one dissented. In this case, Townsend was initially charged with not providing for his child, which was a violation of the law. However, after the state presented its evidence, the trial judge decided that the evidence was not strong enough to continue the trial. The state then sought to appeal this decision, asking if the judge made a mistake in dismissing the case. The court looked carefully at the situation and found that the state's question was not really about the law, but rather about whether the evidence was enough to prove Townsend's guilt. The court explained that proving someone is guilty requires showing they willfully did not support their child for a long time. They also stated that it must be shown that the person had a legal obligation to pay child support. Ultimately, the court agreed with the trial judge's decision and found no error in dismissing the case against Townsend. This means that the matter was closed and he could not be tried again for this charge. The court's decision was recorded, and they indicated that the dismissal order would stand.

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F-2009-398

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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.

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C-2010-77

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In OCCA case No. C-2010-77, Markeese Kreashawmn Ward appealed his conviction for Trafficking CDS and Unauthorized Use of a Motor Vehicle. In an unpublished decision, the court decided to deny his petition for a writ of certiorari and affirmed the trial court's order denying his motion to withdraw his guilty plea. One judge dissented. Markeese Kreashawmn Ward was in court for committing serious crimes. On December 19, 2007, he said he was guilty to two charges: Trafficking in Controlled Dangerous Substances (CDS) and Unauthorized Use of a Motor Vehicle. Because he was a young adult, the judge decided he could join a special program called the Delayed Sentencing Program for Young Adults. This program was supposed to give him a second chance, and his sentencing was scheduled for a year later, on December 19, 2008. When that day came, the judge decided that Markeese had not done well in the program, so he was punished with five months in jail. After his jail time, he was supposed to go into another program designed to help him. Later, on November 13, 2009, the judge sentenced him to 45 years in prison for Trafficking and 5 years for unauthorized vehicle use, with both sentences running at the same time. Markeese didn't like the sentences he received and wanted to change his mind about pleading guilty. He filed a motion to withdraw his guilty plea, but the court held a hearing and decided not to allow him to withdraw his plea. Markeese believed there were two main reasons why he should be allowed to change his plea: 1. He claimed that some conditions added by the judge to his plea agreement were unfair because he didn’t agree to them. He thought this broke the rules about how judges and other branches of government should work separately. 2. He argued that the judge didn’t sentence him within the year required by law, making the sentence illegal. As the court reviewed these claims, they decided that the judge had done everything by the rules. First, they found that the judge's notes did not change the original agreement Markeese had made when he pleaded guilty, and he could have refused to accept the new conditions if he wanted. Therefore, his plea was still valid. For the second point, the court noted that even though Markeese thought the judge’s actions were a delay in sentencing, they were not. Instead, the judge was just giving him another chance to succeed in the program. The court pointed out that the judge was following the law properly by looking at Markeese's progress and determining if he deserved to have his sentence delayed further. Eventually, the court realized that the judge’s actions had led to a misunderstanding. To account for it properly, the court determined that Markeese had already been treated as if he had been given a part of his sentence when he was sanctioned to jail time and sent to the aftercare program. However, since Markeese had also been sentenced again later, it was like giving him two different sentences for the same crime, which is not allowed. In summary, the court decided to keep the original decision to deny Markeese's request to withdraw his plea but corrected what would happen next. They asked that his official record reflect that the sentence imposed during the sanction in December 2008 was what he needed to serve, and they mentioned that he should be released from custody. The result was that Markeese's case was somewhat settled, and his future would look different than it may have before, with the court noting a mistake that needed fixing without adding more time to his punishment.

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S-2009-567

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In OCCA case No. S-2009-567, the appellant appealed his conviction for possession of methamphetamine with intent to distribute and possession of drug paraphernalia. In an unpublished decision, the court decided to affirm the district court's order suppressing certain evidence. One judge dissented. Charles Stephens was arrested after police searched his apartment and found illegal drugs. He asked the court to remove the evidence from the case, saying the police had not followed the law when they obtained it. Initially, a lower court agreed to suppress some of the evidence but allowed some to remain. The State, unhappy with this decision, did not properly challenge the ruling. Later, another judge looked at the case and agreed that since the State did not appeal the initial ruling, they had to follow it. The judge then decided that the evidence not suppressed was also obtained through illegal means and thus had to be removed from consideration in the trial. The State argued against this decision, claiming the suppression ruling was wrong and that the defendant did not have a right to claim ownership of some of the evidence. However, the higher court, after reviewing the case, found that the lower court was correct in its rulings. The final decision was to keep the evidence suppressed, meaning it could not be used against the appellant in court.

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F-2009-466

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In OCCA case No. F-2009-466, Derrick Andre Fields appealed his conviction for Shooting with Intent to Injure. In an unpublished decision, the court decided that the trial court imposed a sentence that was not authorized by law and remanded the case back to the trial court for resentencing. One judge dissented.

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F-2009-236

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In OCCA case No. F-2009-236, James Lee Copeland, Jr. appealed his conviction for Attempted Robbery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm his conviction but ordered the district court to correct the official record to properly reflect the conviction and remove an incorrect statement about parole eligibility. One judge dissented.

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RE-2010-304

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In OCCA case No. RE-2010-304, Jason Dean Vansickle appealed his conviction for Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to modify the order related to his suspended sentences. One judge dissented. Here’s a summary of the case: Jason was found guilty of two counts of Knowingly Concealing Stolen Property. The judge initially decided to wait five years before making a final decision about Jason's punishment, allowing him to follow some rules during that time. But later, the state said Jason broke those rules by using drugs and not paying fees. After a hearing, the judge decided that Jason did break the rules and ordered that he serve a year in jail. The judge added that if Jason could finish rehab during that year, he could avoid additional punishment. Jason disagreed with the judge's decision, especially the part about needing to serve a calendar year in jail, believing it meant he had to stay there every day without earning any time off. The court agreed with Jason that the judge didn't have the authority to set his punishment this way. It clarified that any time taken off his punishment should be based on the original sentence without this added calendar requirement. The court decided that the year part of the sentence, as described by the judge, should be changed. They kept the other parts of the judge's decision the same but removed the requirement for serving a calendar year in jail. Overall, the case highlighted that judges must follow specific rules when deciding on punishments and that adding extra conditions could go beyond what they are allowed to do.

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S-2009-719

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In OCCA case No. S-2009-719, the appellant appealed his conviction for Driving While Under the Influence of Alcohol, Second and Subsequent Offense. In an unpublished decision, the court decided to affirm the lower court's decision, which had quashed the felony charge. One member of the court dissented. Leslie Doyle was charged with multiple offenses, including a second DUI, after a traffic incident on April 1, 2001. Initially, the state claimed Doyle had a prior DUI conviction from June 17, 1998, which would elevate his charge from a misdemeanor to a felony. However, Doyle's attorney argued that since more than ten years had passed since the 1998 conviction, this should not be treated as a felony charge under Oklahoma law. After entertaining arguments from both sides, the special judge ruled in favor of Doyle, stating that because of the ten-year rule, the state could not pursue a felony charge against him. The state then appealed the decision. The core of the argument revolved around the interpretation of statutes related to DUI offenses. The state believed that the existing law allowed them to enhance the charge based on the earlier conviction if the DUI was committed within ten years, regardless of the conviction date. Meanwhile, Doyle maintained that his prior conviction had to occur within ten years of the new charge in order for it to be considered a felony. The reviewing district court confirmed the special judge's ruling, concluding that the law explicitly states convicted and not merely committed, meaning that for enhancement to apply, Doyle's prior conviction must have occurred within the ten-year timeframe, which was not the case here. Ultimately, the court found in favor of Doyle, maintaining that the specific statutes dealing with DUI enhancement supported his case. The court's opinion affirmed the lower court's decision to quash the supplemental information that would have allowed for the felony charge to proceed. A member of the court disagreed with this conclusion and expressed dissent.

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S-2009-667

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In OCCA case No. S-2009-667, the State of Oklahoma appealed its conviction concerning Christy Anne Selders. In a published decision, the court decided to affirm the decision of the District Court of Tulsa County, which dismissed one of the charges against Selders. One judge dissented. The case began when Selders was charged with trying to make illegal drugs and also for defrauding a hotel. During the preliminary hearing, the judge had to decide if the police had a good reason to search Selders' hotel room and if they could use the evidence found there. After the State presented its case, Selders argued that the police search was not legal because they didn't have the right to enter the hotel room without proper permission. The judge agreed with Selders and decided to dismiss the charge related to manufacturing drugs, saying that the evidence was not strong enough to link Selders to the crime. The State didn't agree with this decision and decided to appeal, saying the judge made mistakes. They believed that Selders had given permission for the search and that there was enough evidence to try her. Another judge reviewed the case and eventually decided to uphold the original judge's decision. This judge agreed that the police may have thought they had permission to search, but still, they couldn’t prove that Selders was connected to any illegal activity in the hotel room. After reviewing everything, the court decided not to change the first ruling. They said that the dismissal of the charge was correct and that there was no abuse of discretion by the judges involved in the case. In the end, the court confirmed that the order to dismiss the charge against Selders was valid, meaning she would not face trial for that particular accusation.

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F-2009-1

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In OCCA case No. F-2009-1, Hoffman appealed his conviction for three counts of Unlawful Distribution of a Controlled Substance. In an unpublished decision, the court decided to modify his sentence to ten years in each count but affirmed the conviction. One judge dissented, suggesting the sentences should be served at the same time rather than one after the other.

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F-2008-1066

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In OCCA case No. F-2008-1066, Rodney Dennis Evans appealed his conviction for robbery in the first degree. In a published decision, the court decided to modify his sentence from thirteen years to eight years imprisonment. One judge dissented.

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C-2008-1155

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In OCCA case No. C-2008-1155, Sean Phillip Gillen appealed his conviction for Distribution of Controlled Dangerous Substance to a Minor, Rape in the Second Degree, Unlawful Possession of Drug Paraphernalia, and Obstructing an Officer. In a published decision, the court decided to deny the appeal for three of the counts but allowed Gillen to withdraw his plea for the fourth count. One judge dissented. Gillen had entered guilty pleas to all counts in a previous court. He was given ten years in prison for the first two counts and one year for the last two counts, all to be served at the same time. After some time, Gillen wanted to withdraw his guilty pleas, claiming various issues, including that he was not competent to make the plea, and that he did not have good legal help. The court looked at several issues. It found that Gillen was competent to enter his guilty plea because he had previously been deemed competent only a few months before. The judge in the initial court talked with Gillen, and Gillen understood what he was pleading guilty to. Also, since his lawyer did not question Gillen’s competence during the plea hearing, the court believed it was acceptable to keep the plea. However, when considering the plea for the count of Obstructing an Officer, the court found that there was not enough evidence to support this charge. The record showed that when asked if a runaway was inside the house, Gillen first said no but then admitted that the runaway was there. The court couldn’t see this as a clear act of obstruction. On the other issues, the court found that Gillen's pleas to the other counts were made knowingly and willingly. It rejected Gillen's claims that he did not have good legal help and that his sentence was too harsh. The court ruled that the ten-year sentence for his serious charges was not shocking and was appropriate. In summary, the court decided that Gillen could not take back his pleas for the first three counts but could withdraw his guilty plea for the fourth count, which was about obstructing an officer. The dissenting judge believed that Gillen should have a hearing to discuss whether he really understood what it meant to plead guilty without a deal, considering his past mental health issues.

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C-2009-865

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In OCCA case No. C-2009-865, Floyd Reid appealed his conviction for Robbery With a Firearm. In an unpublished decision, the court decided to affirm the trial court's ruling, meaning they agreed with the trial court's decision not to let Reid withdraw his guilty plea. One judge dissented.

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RE-2008-753

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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.

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C-2009-617

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In OCCA case No. C-2009-617, Christopher Overby appealed his conviction for Possession of a Firearm While Under Supervision of the Department of Corrections. In a published decision, the court decided to grant his request for a new hearing on his motion to withdraw his plea. One judge dissented. The case started when Overby pleaded guilty to having a firearm while he was supposed to be under supervision. The judge sentenced him to ten years in prison, with some of that time being suspended. After some time, Overby wanted to change his plea, so he filed a motion to withdraw it. He felt that he did not get proper help from his lawyer during this process. The court looked at Overby's case and determined that there was a conflict of interest between him and his lawyer. Because of this conflict, the court found that Overby did not get the effective help he was entitled to, especially when it came to his request to withdraw his plea. This situation meant he deserved a new hearing with a different lawyer who could fully represent his interests without a conflict. In conclusion, the court decided that Overby should have another chance to present his case for changing his plea. Thus, the decision was made to give him a new hearing to ensure that he had the right kind of support during this important process.

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F-2008-1199

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In OCCA case No. F-2008-1199, Cody Robert Grenemyer appealed his conviction for Rape in the First Degree and Lewd Molestation. In an unpublished decision, the court decided to affirm the convictions but modified the sentences to life imprisonment with the possibility of parole for two counts. One judge dissented. Grenemyer was found guilty of committing serious sexual crimes against his daughters, including rape and lewd molestation. The abuse happened over a period of time and was described by multiple victims. Despite Grenemyer's denial of the allegations, the testimony of his daughters was consistent and compelling enough for the jury to convict him. During the trial, Grenemyer wanted to introduce evidence that the younger victims had been molested by another man earlier. However, the trial court decided that this information wasn't relevant to the case at hand. The judge recognized that while the evidence could have some bearing, it also risked confusing the jury and unfairly prejudicing the victims. Grenemyer argued that his sentences were too harsh, claiming that life imprisonment without parole was not appropriate under the law effective at the time of his offenses. However, this was found to be without merit as the law allowed for such sentences. The appeals court found an issue with how much past behavior information was shared during the trial, particularly focusing on the testimonies of older siblings who spoke of their own experiences of abuse. The amount of such information might have led the jury to concentrate more on past actions rather than the specific charges brought against Grenemyer. The judges agreed that while the evidence did not affect the jury's determination of guilt, it likely influenced the sentences they recommended. Thus, Grenemyer’s sentences for the first-degree rape charges were modified to ensure he would have the possibility for parole after serving a portion of his sentence. In conclusion, while the convictions were upheld based on the strong testimony of the victims, the sentence was adjusted to reflect the concerns regarding the fairness of the trial and the overwhelming amount of past abuse information presented.

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F-2008-1087

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In OCCA case No. F-2008-1087, Mitchell Dewayne Baker appealed his conviction for First Degree Rape and Domestic Assault and Battery by Strangulation. In an unpublished decision, the court decided to affirm the conviction but vacated the order for restitution, remanding the case to the district court for a proper determination of the victim's loss. One judge dissented. Baker was found guilty by a jury and was sentenced to ten years in prison for each offense, with the sentences ordered to run consecutively. The trial court also required him to pay restitution. Baker raised several issues in his appeal, claiming that the court had made errors during the trial process. One major issue was about the restitution ordered by the trial court, which Baker argued lacked factual support. The court acknowledged that the trial judge has discretion in deciding restitution, but determined that the record did not provide enough information to support the amount that was initially ordered. Therefore, while the conviction stood, the restitution order was removed, and the case was sent back to determine the correct restitution amount. Baker also challenged the prosecution’s use of evidence from his past crimes, saying it was unfairly used to paint him as a bad person. The court ruled that this evidence was allowed to help show that Baker’s explanation of how the victim got hurt was not credible. This was because his past behavior was relevant to his defense. Another point raised by Baker dealt with how the prosecutor questioned witnesses about their feelings during and after the incidents. The court said this questioning was relevant to establish the elements needed to prove the charges against Baker. They found no error in how this evidence was presented as it was crucial to the prosecution's case. Lastly, Baker pointed to some statements made by the prosecutor regarding the burden of proof. The court found that any mistakes were not serious enough to affect the fairness of the trial, as the jury was correctly informed about the burden of proof at several points. Overall, while the court upheld Baker's convictions, they took issue with the restitution ordered and directed that it be reassessed to ensure a fair determination.

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S-2009-363

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In OCCA case No. S-2009-363, Heather Renee Trask appealed her conviction for First Degree Child Abuse Murder. In an unpublished decision, the court decided to affirm the district court's ruling that prevented the State from arguing alternative theories of guilt against her. One judge dissented. Heather Trask was arrested and charged with very serious crimes after her baby daughter, Mackenzie, died. The baby had injuries that suggested she had been hurt badly. Evidence from doctors showed that the baby died from head injuries caused by blunt force trauma. When the baby was found, she was not breathing and could not be revived. During the trial of Heather's husband, he testified about the night of the baby’s incident. Heather left for work after 7:00 p.m. on the night of the tragedy, and her husband was the only adult with the baby after that time. The experts in the trial said the baby must have suffered severe injuries shortly before she died, but they could not pinpoint the exact moment it happened. The district court listened to the arguments and decided that there was enough evidence to show that Heather’s husband was likely the one who caused the fatal injuries. Because of this, the court ruled that the State could not present alternative theories that might shift blame to Heather. After hearing everything, the appeals court agreed with the district court's decision. They determined that the lower court did not make a mistake by blocking the State from using other theories to argue guilt. Therefore, the ruling that prevented the State from pursuing various angles was upheld, affirming the decision made by the district court.

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C-2009-89

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In OCCA case No. C-2009-89, the appellant appealed his conviction for burglary in the first degree and aggravated assault and battery. In a published decision, the court decided to grant Murray a hearing on his motion to withdraw his guilty pleas. One member dissented. William Jackson Murray pled nolo contendere to two serious crimes: burglary in the first degree and aggravated assault and battery. After pleading, he was sentenced to a total of thirty-five years in prison. Murray wanted to take back his pleas, so he filed a request to withdraw them. However, the judge denied his request without holding a hearing first. Murray argued that the trial court made a mistake by not giving him a hearing on his motion. He was right. The court looked at the case and saw that there should have been a hearing to discuss his request. Even though a date for a hearing was set, the judge made a decision before they could actually have the hearing. The court noted that it is important for a person to have a chance to speak about their request to withdraw a plea because it is a significant part of the trial process. Since he did not get this chance, the court decided that Murray deserved a hearing about his motion before any further decisions were made. The decision of the court was to allow Murray to have a hearing on his motion to withdraw his pleas. They sent the case back to the lower court so that the hearing could take place.

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RE-2008-1001

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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.

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C-2009-317

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In OCCA case No. C-2009-317, Lee Otis Robinson, Jr. appealed his conviction for entering a no contest plea. In a published decision, the court decided to grant Robinson a new hearing to withdraw his plea. One judge dissented. Robinson had entered his no contest plea in the Oklahoma County District Court but later wanted to change that decision. He argued that he didn't fully understand what he was doing when he entered the plea and that he had been confused and misled. Additionally, Robinson claimed that he didn't get good help from his lawyer. His lawyer was supposed to represent him during the plea hearing and also during the hearing where Robinson asked to change his plea. However, during the second hearing, the lawyer ended up saying things that were against Robinson’s interests. This created a problem because it meant that Robinson wasn't getting fair help from his lawyer, and he was disadvantaged in his efforts to withdraw his plea. The court found that it was important for Robinson to have a different, unbiased lawyer for a fair hearing. They decided he should be allowed to have a new hearing with a lawyer who had no conflict of interest. The ruling meant that Robinson's case would be sent back to the district court so that the new hearing could take place.

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S-2009-235

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In OCCA case No. S-2009-235, Angel Chavez appealed his conviction for Trafficking in Illegal Drugs (Cocaine). In an unpublished decision, the court decided to affirm the trial court's ruling, which granted a motion to suppress evidence. The court found that the police officer did not have enough reason to keep Chavez detained after a traffic stop, meaning the search that followed was not valid. One judge dissented.

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S-2009-623

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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.

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