Drug Distribution

In OCCA case No. F-2010-558, Torrez Ceasar appealed his conviction for Possession of Controlled Dangerous Substance (PCP) with Intent to Distribute. In an unpublished decision, the court decided to reverse the conviction and modify it to Possession of Controlled Dangerous Substance (PCP) alone, with a sentence of imprisonment for twenty years. One judge dissented. The case began when Ceasar was tried by a jury and found guilty of possessing PCP with the intent to distribute it. The trial took place in the District Court of Oklahoma County, where the judge sentenced him to a long prison term of twenty-five years. Ceasar challenged his conviction on several points. First, Ceasar argued that the evidence did not prove he was guilty beyond a reasonable doubt. He claimed the state failed to show that he actually possessed the PCP or that he intended to distribute it. The court examined whether a reasonable person could have found him guilty based on the evidence presented. They found enough evidence to support that he had thrown a bottle of PCP into a car, suggesting he had possession of it. However, the question of whether he intended to distribute it was more complex. The law stated that merely having a drug is not enough to show intent to distribute. The court compared Ceasar's situation with another case where the defendants had a large amount of marijuana but were not selling it. The court noted that without proof of other selling signs, such as packaging for sale or cash, it was not clear if Ceasar intended to distribute the drugs. The evidence related to Ceasar's intoxication seemed more consistent with personal use rather than distribution, leading to the decision to change his conviction to simple possession of PCP. Ceasar also raised concerns about the admission of evidence related to his alleged gang affiliation. The court concluded that while this type of evidence can be seen as unfairly prejudicial, in this case, it did not significantly impact the trial outcome. The reference to gang signs was deemed minor and not overly emphasized during the trial, so the decision to allow it was considered fair. Lastly, Ceasar argued that the trial judge erred by not allowing his jury to consider a lesser charge of public intoxication. However, the court determined that public intoxication was not a lesser included offense of drug possession with intent to distribute. The laws concerning these charges protected different public interests, so the judge was correct in denying this instruction to the jury. In summary, after reviewing all arguments and the evidence, the court found that Ceasar's original conviction for Possession of Controlled Dangerous Substance with Intent to Distribute was not supported by sufficient evidence of intent to distribute. Therefore, his conviction was changed to simply possessing the substance, and the sentence was adjusted to twenty years in prison. The dissenting opinion raised concerns about the majority interpretation of intent and evidence but ultimately, the revised conviction stood.