Felony Charge Archives - OCCA Opinions

S-2014-786

Post author:Mili Ahosan
Post published:March 31, 2015
Post category:S

In OCCA case No. S-2014-786, the State of Oklahoma appealed the conviction of Douglas Raymond Norwood for misdemeanor possession of marijuana. In an unpublished decision, the court decided to affirm the lower court's ruling, which dismissed the felony charge that the State had brought against him. The court also accepted Norwood's guilty plea for the misdemeanor charge. One judge dissented. The case began when the State charged Norwood with felony possession of marijuana because he had three prior convictions related to drug offenses. Norwood argued that because his past convictions were not from the specific law under which the State was trying to charge him this time, his current charge should be treated as a misdemeanor instead of a felony. The trial court agreed with Norwood and dismissed the felony charge, allowing him to plead guilty to the lesser charge. The State then appealed, but the court explained that its ability to appeal was limited by law. They could only do so in specific situations, one of which is if there has been a dismissal that prevents further prosecution. The court indicated that the trial court had correctly dismissed the felony charge because the law only allows such enhancements to felony charges when a person has previous convictions specifically under that law. The court referred to a similar earlier case, showing that they had already decided against the State in a comparable situation. They reaffirmed that in order to enhance a charge to a felony, the previous convictions must originate from the same specific law, which was not the case for Norwood. In conclusion, the court upheld the decision of the lower court to dismiss the felony charge and accepted Norwood's guilty plea for misdemeanor possession. Thus, the appeal was rejected, and the original ruling was confirmed, with one judge explaining why he disagreed with the outcome.

S-2009-719

Post author:Mili Ahosan
Post published:March 22, 2010
Post category:S

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 In an unpublished decision, the court decided to affirm the lower court's decision, which had quashed the felony charge.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.

S-2009-623

Post author:Mili Ahosan
Post published:December 10, 2009
Post category:S

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.

F-2007-987

Post author:Mili Ahosan
Post published:October 10, 2008
Post category:F

In OCCA case No. F-2007-987, Tony Brown appealed his conviction for Second Degree Burglary and Attempted Larceny of a Motor Vehicle. In an unpublished decision, the court decided to reverse his convictions and remand for a new trial. One judge dissented. Tony Brown was found guilty of breaking into a building and trying to steal a car. He was given a total sentence of 17 years in prison along with a $1,000 fine. Brown believed that he was not given a fair trial for several reasons. He said that the jury should have been told about a simpler crime related to the burglary and that there wasn’t enough evidence to support the charge of attempted car theft. Brown also argued that a witness shouldn’t have been allowed to testify because it hurt his case. Additionally, he claimed that his lawyer didn’t do a good job defending him and that the prosecutor did things that were unfair. After looking at everything, the court found that Brown should have been given information about the simpler crime of unlawful entry, and that the jury should have considered that first. They also felt that the testimony from a detective saying Brown was lying was too much and unfairly harmed his chance to have a fair trial. Because of these issues, the court decided to reverse Brown’s convictions and send the case back for a new trial, where he could have a chance to present his defense properly.