Enhanced Sentencing Archives

F-2018-241

Post author:Mili Ahosan
Post published:September 19, 2019
Post category:F

In OCCA case No. F-2018-241, Mario Darrington appealed his conviction for Trafficking in Illegal Drugs (Marijuana and Methamphetamine) and related drug charges. In an unpublished decision, the court decided to affirm the judgment and sentence of the district court. One judge dissented. Darrington was arrested after police executed a search warrant at a home in Tulsa. Officers found a large quantity of marijuana and methamphetamine in the house. Darrington was linked to this evidence through various items found at the scene, including drugs located in a suit pocket with his name on prescription bottles and documents. He was charged with trafficking and other felonies due to having a prior criminal record. During his trial, Darrington requested that evidence obtained from the search be suppressed, arguing that the search warrant was not valid. He believed that the warrant did not show enough information to justify the search. The court reviewed his claim and determined that the affidavit supporting the search warrant provided sufficient evidence for a judge to find probable cause. The police officer had personal observations and corroborated information that indicated illegal drug activity was happening at the residence. The court also found that the timing of the information was relevant and not too old to be dismissed. Additionally, Darrington sought to know the name of an unnamed informant who provided information to the police for the search. The court ruled that this informant was not a material witness, meaning their identity did not significantly affect Darrington's case. As a result, the court affirmed Darrington's conviction and upheld the district court's decisions regarding the suppression of the search evidence and the request for the informant's identity.

F-2018-485

Post author:Mili Ahosan
Post published:August 15, 2019
Post category:F

In OCCA case No. F-2018-485, Scott Thomas Stout appealed his conviction for First Degree Rape and Sexual Battery. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Scott Thomas Stout was found guilty by a jury in Kay County for forcing himself on a long-time friend and for sexual battery. The jury did not find him guilty of two other charges of Rape by Instrumentation. The judge sentenced him to twenty years for the rape charge and four years for the sexual battery charge, which he must serve consecutively. Furthermore, he must serve at least 85% of his sentence before being considered for parole. Stout raised two main points in his appeal. First, he argued that the prosecutor acted improperly and that these actions denied him a fair trial. Second, he claimed that the trial court made a mistake by allowing the prosecution to call a witness in the middle of his defense to present evidence. In the first point, Stout pointed out three specific issues with the prosecutor's conduct. He said the prosecutor tried to make the jury feel sorry for the victim, asked questions that seemed to give opinions on the victim's credibility, and used first names for witnesses inappropriately. The court looked at all of the evidence and determined that these actions did not distract from the overall fairness of the trial. The jury acquitted Stout on two of the charges and recommended lighter sentences for the others. Therefore, the court ruled that Stout did not experience unfairness due to prosecutorial misconduct. Regarding the second point in his appeal, Stout argued that it was wrong for the prosecutor to cause the defense to stop its case to bring in a detective to verify some evidence. The court noted that the prosecutor's interruption was related to a question raised by Stout's own lawyer and that the trial judge had acted fairly in allowing it. The judge ruled that this did not disrupt the trial's fairness. In conclusion, the court found no errors in how the trial was conducted and affirmed Stout's conviction, meaning the original decision stood.