Drug Felonies Archives - OCCA Opinions

F-2005-1146

Post author:Staff
Post published:May 18, 2007
Post category:F

In OCCA case No. F-2005-1146, Pamela Dee Colley appealed her conviction for trafficking in illegal drugs (methamphetamine) and several other drug-related charges. In an unpublished decision, the court decided to affirm her convictions for counts 1, 2, 4, 5, 6, 7, and 8, but reversed her conviction for count 3, possession of marijuana. One judge dissented regarding the reversal of count 3. Pamela Colley was found guilty by a jury for a serious crime related to illegal drugs after a traffic stop conducted by a police officer. The case began when the officer noticed her car making a traffic violation early in the morning. When he pulled her over, he found out that Colley did not have a driver's license and provided some confusing information. The police officer thought that drug dealers were operating in the area, so he called for a K9 unit to further check for drugs. When the dog alerted, the police searched her car and found illegal drugs, scales, and items used for drug use in her purse. Colley was very upset and later gave permission for police to search her, leading to more illegal items being discovered on her. Colley argued in court that her sentence of life without parole was unfair and that she didn’t know about the drugs. She claimed that her attorney didn’t defend her well and that the way the trial was handled had problems. However, the court found that there was enough evidence to support her conviction. They also decided the police did everything by the book during the traffic stop. While the court agreed that one of her charges resulted in a double punishment, it found that her other convictions were valid given the serious nature of the drug trafficking involved. Thus, she will remain convicted on those charges, which involved large amounts of methamphetamine, while they reversed the possession of marijuana charge due to it being a part of the same incident.

F-2002-613

Post author:Staff
Post published:August 20, 2003
Post category:F

In OCCA case No. F-2002-613, Muhajir A. Sango appealed his conviction for Unlawful Possession of a Controlled Dangerous Substance with Intent to Distribute, after Former Conviction of Two or More Drug Felonies. In an unpublished decision, the court decided to affirm the conviction but reversed the sentence and remanded the case for resentencing. One member of the court dissented. Sango was found guilty by a jury and sentenced to thirty years in prison and a fine of $10,000. He raised several arguments on appeal. He claimed that evidence showing his gang affiliation was irrelevant and unfairly influenced the jury. He also argued that his lawyer did not properly object to this evidence, which made his legal representation ineffective. Lastly, he believed the jury was given incorrect information about his possible sentence. Upon reviewing the case, the court agreed that there was an error in the jury instructions concerning the punishment range for habitual drug offenders. The court concluded that the jury was mistakenly told that the minimum sentence was twenty years instead of the correct ten years. Despite agreeing with some of Sango's concerns, the court found that the introduction of gang-related evidence did not significantly impact the jury's decision, and the arguments about ineffective assistance did not hold up. As a result, his conviction was upheld, but the court mandated that the sentencing should be redone to correct the earlier mistake.