Drug Trafficking

F-2017-147

  • Post author:
  • Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **BRIAN A. STALEY, Appellant,** **Case No. F-2017-147** **V.** **STATE OF OKLAHOMA, Appellee.** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA APR 25 2019** **SUMMARY OPINION** **JOHN D. HADDEN, JUDGE:** Appellant Brian A. Staley was convicted in Caddo County District Court for various drug-related offenses and possession of a firearm. He appealed, raising eleven propositions of error. **Propositions of Error:** 1. Denial of motion to suppress evidence from a warrantless search. 2. Admission of evidence concerning other controlled substances. 3. Conviction for an uncharged offense. 4. Insufficient evidence on acquiring proceeds from drug activity. 5. Insufficient evidence linking firearms to trafficking. 6. Prejudicial statements by a state trooper. 7. Improper prosecutorial arguments. 8. Insufficient evidence of knowing possession of marijuana. 9. Improper admission of irrelevant handwriting evidence. 10. Cumulative effect of errors denying a fair trial. 11. Excessive sentences. **Court Decision:** After reviewing the record, the Court affirmed Staley's convictions. **Key Findings:** - **Proposition I:** The traffic stop and subsequent consent to search were lawful, thus the motion to suppress was denied. - **Proposition II:** The evidence of other controlled substances was admissible as res gestae; hence, no abuse of discretion in its admission. - **Proposition III:** Any scrivener's error in statute citation for Count 2 did not affect substantial rights and was denied plain error review. - **Propositions IV, V, and VIII:** The evidence was sufficient for a conviction on all counts when viewed favorably to the prosecution. - **Propositions VI and VII:** Claims of evidentiary harassment and improper argument did not impede a fair trial; the trial court’s admonishments mitigated any potential prejudice. - **Proposition IX:** The handwritten note was relevant and supported the themes of trafficking and possession designed by the prosecution. - **Proposition X:** Cumulative error doctrine was not applicable as no significant errors occurred that affected the outcome. - **Proposition XI:** The sentences did not shock the conscience and were not excessive in light of the offenses committed. **Opinion of the Court:** The Judgment and Sentence of the District Court is AFFIRMED. --- **APPEARANCES:** - **For Appellant:** Albert Hoch, Norman, OK - **For Appellee:** Alan Rosenbaum, Caddo County District Attorney; Mike Hunter, Attorney General of Oklahoma; William R. Holmes, Assistant Attorney General, Oklahoma City, OK **Opinion by:** Hudson, J. **Concurrences:** Lewis, P.J.; Kuehn, V.P.J. (concurring in part/dissenting in part); Lumpkin, J.; Rowland, J. **Concurring/Dissenting Opinion by Kuehn, V.P.J.:** While I agree with the majority on other claims, I dissent regarding the admission of evidence about extraneous controlled substances and the handwritten notes. I believe such evidence was improperly admitted and could have imparted an unfair prejudice. Nonetheless, this evidence did not materially affect the trial's outcome. For a detailed opinion and further reading, access the [full opinion here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2017-147_1734273240.pdf).

Continue ReadingF-2017-147

F-2017-1214

  • Post author:
  • 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.

Continue ReadingF-2017-1214

F-2008-1016

  • Post author:
  • Post category:F

In OCCA case No. F-2008-1016, Robert C. Ferrell appealed his conviction for trafficking in controlled substances (MDMA, or Ecstasy) and possession of an offensive weapon in the commission of a felony. In an unpublished decision, the court decided to affirm the convictions, but remand for correction of the Judgment and Sentence. One judge dissented. Robert C. Ferrell was found guilty by a jury in McIntosh County. The jury decided that he was guilty of two serious crimes: having a large amount of drugs and having firearms in a way that was illegal. The judge then sentenced him to serve twenty years in prison for the drug crime and thirty-five years for the weapon charge. These sentences would be served one after the other, making a total of fifty-five years in prison. Ferrell raised several points in his appeal. He argued that the evidence against him was not strong enough to support his convictions. He also thought that his lawyer did not help him enough during the trial. He believed his punishment was too harsh. Additionally, he stated that the court made errors when it added costs related to charges he wasn't even tried for, and that the prosecutor did not act fairly. After looking carefully at everything, the court agreed that the evidence showed that Ferrell had shared control over the drugs and firearms discovered during a police chase. The police had seen guns and heard conversations that suggested he was involved in wrongdoing. The court determined that this evidence was enough for a reasonable person to find him guilty. The appeal also discussed whether Ferrell's lawyer had failed him by not challenging a witness's statements or trying to block certain pieces of evidence. However, the court felt that the lawyer's actions did not affect the outcome of the case. Ferrell asked the court to change his punishment, but they decided the sentences were reasonable given his past actions. As for the other points he made about the fines and counts that were wrong, the court agreed that some costs should be removed because he was not convicted of all those charges. They also acknowledged a mistake in the legal reference for the drug charge. In the end, the court upheld Ferrell's convictions, but they sent the case back to make corrections to the official records. They found that there were no major errors that would change the outcome of the trial, so the convictions remained intact.

Continue ReadingF-2008-1016

F-2002-470

  • Post author:
  • Post category:F

In OCCA case No. F-2002-470, Dearel Oglesby appealed his conviction for Distribution of a Controlled Substance (Methamphetamine). In an unpublished decision, the court decided to affirm his conviction but modify his sentence to 20 years in prison with a $20,000 fine. One judge dissented. Dearel Oglesby was found guilty by a jury of selling methamphetamine. He was sentenced to life in prison, which he believed was too harsh. Oglesby raised four main issues in his appeal. First, he claimed that the trial allowed some evidence that should not have been included according to the state’s rules. The court found that even though one lab report was late, it was not a major issue since it didn't harm Oglesby’s case. Second, Oglesby argued that he did not get his right to a preliminary hearing, but the court found there was enough evidence to prove there might have been a crime. Third, he was concerned that the jury saw evidence about other drug sales he allegedly made, which he thought was unfair. The court noted that while some of this evidence was not really necessary, the prosecutor did not act on it inappropriately. Finally, Oglesby spoke about a witness being added during the trial, but the court felt that was handled correctly since it wasn’t a key part of the case. The judges found that Oglesby’s punishment was extreme considering the small amount of drugs involved, so they decided to reduce his sentence instead of just keeping the life sentence. This decision was met with some disagreement from one judge, who thought the evidence was relevant and that the original sentence should stay as is.

Continue ReadingF-2002-470

F-2001-529

  • Post author:
  • Post category:F

In OCCA case No. F-2001-529, Cesar Diaz, also known as Jorge Limon, appealed his conviction for conspiracy to traffic a controlled dangerous substance (marijuana) and drug trafficking (marijuana). In an unpublished decision, the court decided to affirm two of his convictions but reversed nine other counts related to using a communication facility to facilitate the commission of a felony. One judge dissented. Cesar Diaz was found guilty after a jury trial that took place in March 2001. The jury sentenced him to serve thirteen years for conspiracy to traffic marijuana, fifteen years for drug trafficking, and shorter sentences for the other counts along with fines. Diaz raised several points for appeal. He challenged the validity of his confession, claimed that he was denied a fair trial because an attorney from the Oklahoma Bureau of Narcotics acted as a special prosecutor, argued that multiple convictions for the same crimes violated double jeopardy protections, contended that evidence obtained through a wiretap was not authorized, maintained that the prosecution failed to prove the charges happened in the right location, and argued that money seized from his car should not have been used against him due to an illegal stop. The court carefully reviewed all the claims and found that sufficient evidence supported the confession being voluntary. It determined that the attorney from the Bureau of Narcotics was allowed to assist in the trial, which did not violate any rules. The court also concluded that having convictions for both conspiracy and trafficking did not violate the double jeopardy rule. However, the court agreed with Diaz’s argument on the venue issue concerning the communication facility charges. It stated that the prosecution needed to prove that the phone calls were made or received in Oklahoma County, but they failed to do so. Therefore, the counts related to using a communication facility were reversed and dismissed. In summary, the court upheld two of Diaz's convictions but ruled that the other nine were not valid due to a lack of proof regarding venue.

Continue ReadingF-2001-529