Fourth Amendment Archives

S-2022-41

Post author:Staff
Post published:December 15, 2022
Post category:S

In OCCA case No. S-2022-41, the State of Oklahoma appealed the conviction of Joshua Kyle Rhynard for unlawful possession of a controlled drug with intent to distribute, possession of a firearm after a felony conviction, possession of a controlled dangerous substance (marijuana), and unlawful possession of drug paraphernalia. In an unpublished decision, the court decided that the appeal was improperly brought and dismissed it. One judge dissented, arguing that the State made a sufficient case for review based on the importance of the evidence that had been suppressed. The dissenting opinion believed that the trial court made an error in suppressing the evidence found during a search because the officers executing the warrant used reasonable belief about the address they were searching.

F-2018-894

Post author:Staff
Post published:July 2, 2020
Post category:F

In OCCA case No. F-2018-894, Olubanji Milton Macaulay appealed his conviction for possession of counterfeit driver licenses. In a published decision, the court decided to affirm some counts but reverse others. One judge dissented. Summary: Olubanji Milton Macaulay was found guilty by a jury of seven counts of possessing counterfeit driver licenses after a trial in Oklahoma. The judge sentenced him to ten years in prison, with sentences running at the same time for each count. He argued that law enforcement illegally searched his rental car, that he faced double punishment for the same crime, and that the trial court wrongly refused to instruct the jury about missing video evidence. When he appealed, the court looked closely at each of his claims. About the first point, the court ruled that the police had the right to search the car because Macaulay had given up any claim of privacy when he said he walked to the bank and did not indicate he owned the vehicle. Thus, his evidence was allowed in court. Regarding the second point, Macaulay claimed he should only be charged with one count since he possessed all the fake IDs in one event. The court agreed that multiple counts for a single act were not allowed. They found he should only be guilty of two counts: one for fake ID he took into the bank and another for the ID found in his car. On the third point about the jury instruction regarding the missing bank video, the court said there was no proof that the police acted in bad faith. Therefore, the request for a jury instruction explaining this did not need to be granted. In summary, the court upheld some of his convictions while reversing others, leading the case forward to dismiss those extra counts.

F-2018-308

Post author:Staff
Post published:February 13, 2020
Post category:F

In OCCA case No. F-2018-308, Deondrea Deshawn Thompson appealed his conviction for multiple counts related to robbery and possession of a firearm. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Thompson was found guilty by a jury for several crimes, including robbery with a firearm, attempted robbery, and being a felon in possession of a firearm. He was sentenced to a total of thirty-five years for the robbery counts and seven years for the other counts, with the sentences to run consecutively. Thompson raised multiple issues on appeal, including claims that he did not receive a fair trial because crucial evidence was kept from him, racial discrimination occurred during jury selection, and that the trial court made several errors in admitting evidence. The court addressed these issues one by one. It found that the trial court did not err in keeping the name of a confidential informant from Thompson since it was not shown to be necessary for his defense. The court also found that the State's reasons for excluding certain jurors were race-neutral and did not indicate discriminatory intent. Regarding the trial court's questioning of jurors, the court concluded that it did not improperly influence the jury. As for evidence related to cell phone records collected without a warrant, the court determined that the police acted in good faith based on laws that existed at the time. Thompson argued that other testimony during the trial unfairly presented him as having committed other bad acts, but the court found no abuse of discretion in how the trial was handled. The court also concluded that the trial court's decision not to give certain jury instructions on eyewitness identification was within its discretion since the identification was firm enough in this case. Thompson's claim about having multiple cases tried together was also rejected, as the court noted that the robberies were similar in nature and occurred close together in time. Finally, the court ruled that his separate firearm possession conviction did not violate double jeopardy laws. In summary, the court affirmed Thompson's conviction, saying that none of the claimed errors were significant enough to harm his case.

F-2018-989

Post author:Staff
Post published:January 8, 2020
Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **ARNULFO CAMPOS GONZALES, Appellant,** **V.** **THE STATE OF OKLAHOMA, Appellee.** **Case No. F-2018-989** **File Date: January 2020** **OPINION BY: ROWLAND, JUDGE** Appellant Arnulfo Campos Gonzales appeals his Judgment and Sentence from the District Court of Haskell County, Case No. CF-2017-197. He was convicted for Trafficking in Illegal Drugs, Conspiracy to Traffic Methamphetamine, and Conspiracy to Distribute Methamphetamine. His sentences included twenty-five years imprisonment for Count 1 and ten years each for Counts 2 and 3, ordered to be served consecutively. Gonzales raises several issues on appeal: 1. Denial of effective assistance of counsel due to a conflict of interest. 2. Double punishment for Counts 2 and 3. 3. Violation of the Fourth Amendment regarding the search of his car. 4. Deficient jury instructions on conspiracy. 5. Ineffective assistance of counsel due to failure to suppress and object to instructions. 6. Abuse of discretion in consecutive sentencing. **1. Conflict of Interest** Gonzales argues that he was denied his Sixth Amendment right to effective assistance of counsel due to defense counsel’s prior representation of a co-defendant, Samantha Johnson, who testified against him. The court examined whether an actual conflict arose during representation, determining that Gonzales failed to demonstrate that the former representation affected counsel's performance. The court found that Johnson’s testimony largely did not implicate Gonzales and that counsel's representation was sufficient. **2. Multiple Punishment** Gonzales contends that sentencing him for conspiracy to traffic and conspiracy to distribute methamphetamine violates the prohibition against multiple punishments for the same act. The court found both counts stemmed from a single agreement concerning the same methamphetamine and that the convictions constituted a violation of Section 11. The court remanded the case for dismissal of Count 3. **3. Fourth Amendment** Gonzales did not properly contest the legality of the search of his car and thus the court reviewed this claim for plain error. The court concluded that Gonzales had not demonstrated that the timeline of events during the traffic stop violated his rights, as he consented to the search prior to its execution. **4. Jury Instructions** Gonzales argued that jury instructions were insufficient as they failed to name the conspirators. However, the court determined the instructions, when read as a whole, properly conveyed the necessary information. Gonzales did not establish any plain error regarding jury instructions. **5. Ineffective Assistance of Counsel** This claim was evaluated under the standard set by Strickland v. Washington. The court found no prejudice affecting the outcome as Gonzales could not demonstrate ineffective assistance. **6. Consecutive Sentences** Gonzales claims the district court abused its discretion in imposing consecutive sentences. The prosecutor’s remark about a presumed policy did not demonstrate that the district court failed to exercise discretion. The court affirmed its decision as the record supported the imposition of consecutive sentences. **DECISION** The Judgment and Sentence is AFFIRMED for Counts 1 and 2. Count 3 is DISMISSED. Gonzales’s Application for Evidentiary Hearing is DENIED. **APPEARANCES** *AT TRIAL* Roger Hilfiger, Counsel for Defendant *ON APPEAL* Ariel Parry, Appellate Counsel Christina Burns, Assistant District Attorney Mike Hunter, Attorney General of Oklahoma **OPINION BY: ROWLAND, J.** **LEWIS, P.J., KUEHN, V.P.J., LUMPKIN, J., HUDSON, J.:** Concur. [PDF Download Link](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-989_1734871593.pdf)

F-2018-588

Post author:Staff
Post published:October 31, 2019
Post category:F

The case involves Sonia Weidenfelder, who was convicted of first-degree murder in the District Court of Tulsa County and sentenced to life imprisonment. On appeal, she contested the trial court's denial of her motion to suppress evidence obtained from two cell phones, claiming that the warrants authorizing the searches lacked probable cause, thereby violating her Fourth Amendment rights. The Court of Criminal Appeals of Oklahoma reviewed the trial court’s ruling for abuse of discretion, which entails a clearly erroneous judgment. They affirmed the trial court's decision, finding sufficient probable cause in the affidavits supporting the search warrants for the cell phones. They noted that the magistrate had a substantial basis for determining that evidence related to the murder would likely be found on the phones, allowing for the admissibility of the evidence at trial. The judgment of the trial court was therefore affirmed, and the Court concluded that there was no error in the admission of the cell phone evidence. The decision also includes information on the legal representation for both the appellant and the state, as well as a note that the mandate would be issued upon the decision’s delivery and filing.

S-2018-1173

Post author:Staff
Post published:October 24, 2019
Post category:S

In OCCA case No. F-2018-895, Ward appealed his conviction for possessing a firearm after felony convictions. In an unpublished decision, the court affirmed the conviction, finding no error in the arrest and evidence. One judge dissented. The ruling concluded that the evidence supported the conviction despite Ward's claims.

S-2018-952

Post author:Staff
Post published:October 17, 2019
Post category:S

### COURT OF CRIMINAL APPEALS ### STATE OF OKLAHOMA ### CASE NO. S-2018-952 **THE STATE OF OKLAHOMA** Appellant, v. **JOHN GLENN MORGAN** Appellee. **OPINION** *Rowland, J.:* The State of Oklahoma charged John Glenn Morgan with possession of a controlled drug, unlawful possession of drug paraphernalia, and unsafe lane change. Following a motion to suppress evidence obtained during a warrantless search of Morgan's vehicle during a traffic stop, the district court granted the motion, resulting in the dismissal of two felony counts against Morgan. The State appeals this decision, claiming errors in the district court's evaluation of the traffic stop's duration, Morgan's consent to a search, the justification for continued detention, and the applicability of an independent source doctrine. **BACKGROUND** On September 5, 2018, Owasso Police Officer Josua Goins stopped Morgan after witnessing reckless driving. During the stop, a drug dog was brought to screen the vehicle. After the dog alerted, officers found methamphetamine and drug paraphernalia. The district court later ruled that the extended detention to wait for the drug dog was not supported by reasonable suspicion after the initial traffic violation was addressed. ### DISCUSSION #### Proposition 1: Proper Evaluation of Duration of the Stop The court acknowledges that any motorist has the right to be free from unreasonable searches and seizures under both the United States and Oklahoma Constitutions. A traffic stop should be limited to its purpose, and any extended detention must be justified through reasonable suspicion. The district court considered the duration of the stop and determined that once Officer Goins had administered necessary tests and checks, he had no basis for further detention and should have issued a citation. #### Proposition 2: Consent to Search and Duration Requirements The State argues that Morgan's consent to search the trailer should extend the permissible duration of the stop. Still, the court finds that the time spent inspecting the trailer after the sober tests and inspection does not justify further detention without any additional reasonable suspicion of criminal activity. #### Proposition 3: Justification for Extended Detention The State failed to provide sufficient justification for extending the detention beyond investigating the traffic violation. The details already addressed during the stop contradicted the necessity for prolonged inquiry based on Morgan's logbook, a secondary issue due to the unavailability of a trooper to assist. #### Proposition 4: Independent Source Doctrine The State contended that any evidence obtained during the illegal extension could be justified under the independent source doctrine; however, the trial court found no separate basis for the initial stop's extension that would legitimize the evidence obtained afterward. ### DECISION The Court affirms the district court's ruling to grant Morgan's motion to suppress. The evidence obtained during the extended stop is inadmissible, reinforcing the importance of adhering to constitutional protections against unreasonable search and seizure during traffic stops. **Affirmed**. **Concurrences**: Lewis, Kuehn, Lumpkin, Hudson. [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-952_1734278226.pdf)

F-2018-954

Post author:Staff
Post published:October 10, 2019
Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **Case No. F-2018-954** --- **CHRISTIAN D. MOLINA-SOLORZANO, Appellant,** **v.** **THE STATE OF OKLAHOMA, Appellee.** --- **SUMMARY OPINION** **ROWLAND, JUDGE:** Appellant Christian D. Molina-Solorzano appeals his Judgment and Sentence from the District Court of Beckham County, Case No. CF-2017-259, for Aggravated Trafficking in Illegal Drugs, in violation of 63 O.S.Supp.2015, § 2-415. The Honorable F. Douglas Haught presided over the non-jury trial, found Molina-Solorzano guilty, and sentenced him to fifteen years imprisonment, $1,000.00 fine, and one year of post-imprisonment supervision. Molina-Solorzano raises the following issues: 1. Ineffective assistance of counsel for failing to challenge the basis for the traffic stop. 2. Ineffective assistance of counsel for failing to inform him of his rights under the Vienna Convention on Consular Relations (VCCR). 3. Entitlement to retroactive application of recent changes in law regarding parole eligibility for aggravated trafficking convictions. **DECISION:** After review, we find relief is not warranted and affirm the district court's Judgment and Sentence. **1. Ineffective Assistance of Counsel: Traffic Stop Challenge** Molina-Solorzano asserts that defense counsel was ineffective by not challenging the validity of the traffic stop, which he claims was based on race discrimination and an inadequate fog light infraction. To succeed on an ineffective assistance claim, Molina-Solorzano must demonstrate: - Counsel's performance was deficient. - The deficiency resulted in prejudice that affected the outcome of the trial. The Fourth Amendment prohibits unreasonable searches and seizures, and a traffic stop is valid if the officer had probable cause or reasonable suspicion of a traffic violation. The record, including video evidence from the traffic stop, supports that the stop was justified due to a fog light infraction. The trooper's testimony confirmed that visibility was over a mile, and thus the use of fog lights constituted a violation under Oklahoma law. Since the stop was justified, Molina-Solorzano cannot establish that counsel's failure to challenge it affected the trial's outcome, denying his ineffective assistance claim. **2. Ineffective Assistance of Counsel: VCCR Rights** Molina-Solorzano also contends that defense counsel failed to inform him of his rights under the VCCR, which would have allowed him to contact the Mexican consulate for assistance. To evaluate this claim, we consider: - Whether he was unaware of his right to contact his consulate. - Whether he would have utilized that right had he known. - Whether the consulate's assistance would have likely aided his defense. The record lacks evidence that Molina-Solorzano was unaware of his rights or that assistance from the consulate would have changed the trial's outcome. Appellate counsel's assertions do not suffice to demonstrate these conditions. Therefore, this claim is also denied. **3. Retroactive Application of Parole Changes** Molina-Solorzano argues that he should benefit from recent legislative proposals reducing parole eligibility terms for aggravated trafficking convictions. However, as legislation is not retroactive unless explicitly stated, and the referenced Senate Bill was never enacted, his claim is moot. **CONCLUSION:** The Judgment and Sentence of the district court is AFFIRMED. The MANDATE is ORDERED issued upon filing of this decision. **APPEARANCES** - Kenny R. Goza, Counsel for Defendant - Debra K. Hampton, Counsel for Appellant - Gina R. Webb, Counsel for State - Mike Hunter, Attorney General of Oklahoma - Joshua R. Fanelli, Assistant Attorney General **OPINION BY:** ROWLAND, J. **Concur in Results:** KUEHN, V.P.J. **Concur:** LUMPKIN, J. **Concur:** HUDSON, J. --- For the full decision, click here: [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-954_1734874505.pdf)

F-2018-542

Post author:Staff
Post published:September 26, 2019
Post category:F

In OCCA case No. F-2018-542, Charles Henry Tarver, Jr. appealed his conviction for Possession of Controlled Dangerous Substance with Intent to Distribute and Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided that relief was required, and the case was remanded to the district court with instructions to dismiss. One judge dissented. Charles Henry Tarver, Jr. was tried by a jury and convicted of having illegal drugs with the intent to sell them and for having drug paraphernalia. He was given a long prison sentence and a fine. Tarver appealed this decision because he believed that the evidence used against him was obtained illegally when a police officer stopped him for a minor traffic violation. The events leading to Tarver's arrest happened on May 23, 2016. A deputy police officer stopped Tarver because the light on his truck’s license plate wasn’t working. During this stop, the officer noticed that Tarver was very anxious and had trouble staying still. Instead of quickly giving him a ticket and letting him go, the officer waited for backup and a dog trained to detect drugs. While waiting, the officer searched Tarver's truck, finding illegal drugs. Tarver argued that this search was not allowed under the law because it happened without enough reason to keep him there longer than necessary for the traffic stop. Initially, the judge at Tarver’s trial ruled that the stop was legal, but he did not consider whether the stop went on too long without proper reasons. This was an important mistake because the law says that once the reason for a stop is handled, the police cannot keep someone for longer without having a good reason to think that person is doing something illegal. The appeals court reviewed the case and found that the trial judge had incorrectly placed the burden of proving that the police action was legal on Tarver instead of where it should have been on the state. The appeals court agreed that the stop was carried out longer than necessary, and the police officer did not have enough solid reasons to justify keeping Tarver there longer than the original traffic issue. The court decided to reverse Tarver's convictions and told the district court to dismiss the charges against him because the search that found the drugs was not properly justified. One judge disagreed with this outcome, arguing that the police acted reasonably based on their experiences and knowledge about Tarver. This dissenting opinion held that the evidence might still be good enough to uphold the conviction. In the end, the decision meant that Tarver would not have to serve time for these charges, as the evidence against him was deemed to have been collected improperly.

F-2017-67

Post author:Staff
Post published:September 12, 2019
Post category:F

The document provided is an appellate court opinion regarding the case of Cedric Dwayne Poore, who was convicted in the District Court of Tulsa County for multiple counts of Murder in the First Degree and Robbery with a Firearm. The Court of Criminal Appeals of Oklahoma ultimately affirmed the convictions and sentences. ### Key Points from the Opinion: 1. **Charges and Convictions**: - Cedric Dwayne Poore was convicted of four counts of Murder in the First Degree through felony murder and two counts of Robbery with a Firearm. - The underlying felony for the murder counts was robbery committed in the course of the murders of four victims. 2. **Evidence Against Appellant**: - Witnesses testified that Poore and his brother shot and killed four victims in a robbery at an apartment. - Testimony from Jamila Jones, who was in contact with both brothers before the murders, suggested that they were planning to rob the victims. - Forensic evidence included DNA found on a cigarette near the victims and .40 caliber shell casings linking both Poore and the weapon used in other crimes. 3. **Proposition of Errors Raised on Appeal**: - **Hearsay**: The trial court’s denial of an affidavit from a witness who invoked the Fifth Amendment was challenged, but the court found no plain error. - **Sufficiency of Evidence**: Poore challenged the sufficiency of evidence, claiming that he was not directly involved in the murders, but the court held that circumstantial evidence sufficiently supported the convictions. - **Other Crimes Evidence**: The admissibility of evidence from a separate robbery was upheld as relevant and probative to establish motive and identity. - **Identification Testimony**: The court found no error in the admission of identification testimony from witnesses. - **Accomplice Corroboration**: The testimony of accomplices was found to be sufficiently corroborated by other evidence. - **Cell Phone Records**: Although the use of cellphone records without a warrant raised Fourth Amendment concerns, the evidence was deemed admissible under the good faith exception. - **Search Warrant**: Poore's arguments regarding the invalidity of the search warrant and execution of the search were rejected by the court. - **Cumulative Error**: The cumulative effect of any errors did not warrant relief, as the court found no substantial errors during the trial. 4. **Final Ruling**: - The Court affirmed the District Court's judgments and sentences without finding any significant legal errors that would warrant reversal. ### Conclusion: The case demonstrates the complex interplay of various legal standards, evidentiary challenges, and the appeals process for criminal convictions. The appellate court's decision reflects a thorough examination of both the procedural and substantive issues raised by the appellant, ultimately leading to the affirmation of the convictions based on the evidence presented at trial.

F-2018-313

Post author:Staff
Post published:September 12, 2019
Post category:F

In OCCA case No. F-2018-313, Juan Jose Nava-Guerra appealed his conviction for Aggravated Trafficking in Illegal Drugs and Conspiracy to Commit Aggravated Trafficking in Illegal Drugs. In an unpublished decision, the court decided to affirm the judgment and sentence but modified it to lower the fees assessed. One judge dissented. Nava-Guerra was found guilty by a jury and sentenced to a total of 105 years in prison for each count, which would run at the same time. He argued that his rights were violated during the trial due to several reasons. First, he claimed the trial court allowed hearsay statements that should not have been presented as evidence. However, the court found that since Nava-Guerra himself had introduced similar evidence in his defense, he could not claim there was an error in allowing the State's evidence. Second, he argued that the search of the vehicle he was in was unlawful, claiming that the officer did not have a valid reason to stop the car. The court reviewed the details of the stop and found that there was a valid reason based on the car following too closely behind another vehicle, which justified the officer's actions. Third, he contested the admission of a specific exhibit, which was a transcription of audio from the car. The court decided that, like the first issue, since he used nearly the same exhibit in his defense, he could not argue it was wrong for the State to use it. Finally, Nava-Guerra challenged the fee for his defense attorney, saying it was too high. The court agreed that the fee assessed was higher than allowed by law and modified it to the correct amount. In summary, the court found no significant errors in the trial except for the fees, which needed to be reduced. The final decision was to uphold the conviction but change the fees owed.

S-2018-978

Post author:Staff
Post published:August 15, 2019
Post category:S

**State v. Cousan: Summary of the Court's Decision** In the case of *State of Oklahoma v. William Lee Cousan*, the Oklahoma Court of Criminal Appeals addressed the legality of the police actions leading to the arrest of Cousan and the subsequent search of his person that resulted in the discovery of crack cocaine. **Background:** William Lee Cousan was charged with Illegal Drug Trafficking, Unlawful Possession of Drug Paraphernalia, and Unlawful Possession of a Firearm by a Convicted Felon. The charges arose from a police investigation initiated by an anonymous tip suggesting that Cousan was dealing drugs from a Motel 6 room. Following a surveillance operation and gathering additional evidence, police obtained a search warrant for Cousan's motel room. While executing the warrant, Cousan left the motel in a vehicle, and police conducted a traffic stop approximately eight blocks away. During this stop, officers found cocaine on him and placed him under arrest. Cousan argued that the officers exceeded the scope of the search warrant during his detention and that the subsequent search of his person was unlawful. **District Court Ruling:** The district court agreed with Cousan's motion to suppress evidence, stating that the search was not justified as incident to the execution of the search warrant since it occurred outside the immediate vicinity of the premises. **Court of Criminal Appeals Decision:** The Oklahoma Court of Criminal Appeals reversed the district court's ruling, holding: 1. **Probable Cause:** The court found that the officers had probable cause to arrest Cousan at the time of his detention based on the tips and surveillance evidence indicating he was dealing drugs. 2. **Lawful Search Incident to Arrest:** The search of Cousan's person was deemed lawful as a search incident to arrest because probable cause existed for that arrest, independent of the execution of the search warrant. 3. **Inevitability Doctrine:** Even if the court did not find probable cause at the time of the stop, the officers could have made a valid investigative stop based on reasonable suspicion. Given the circumstances, the evidence inevitably would have been discovered after the execution of the warrant. 4. **Categorical Detention Rules:** The appeals court acknowledged that while the detention of Cousan was not justifiable under the Summers rule (as it did not occur immediately near the premises), the officers still had the right to detain Cousan based on the totality of circumstances, including the undercover work that had identified him as a key suspect. **Conclusion:** The appellate ruling overturned the district court's decision to suppress the evidence found on Cousan, allowing the State of Oklahoma to continue its prosecution for illegal drug trafficking and associated charges. **Final Note:** The opinion reflects on the importance of understanding both the probable cause standard for arrest and the rules surrounding lawful searches and seizures, emphasizing the balance between individual rights and public safety in law enforcement practices.

F-2018-211

Post author:Staff
Post published:July 25, 2019
Post category:F

In OCCA case No. F-2018-211, Lewis Long, III appealed his conviction for trafficking in illegal drugs (methamphetamine). In an unpublished decision, the court decided to affirm the judgment and sentence. No judge dissented. The case began when Lewis Long, III was tried and found guilty by a jury in Beckham County. He was convicted for trafficking in methamphetamine after having previous felony convictions. The jury recommended a sentence of twenty years in prison, which the judge followed. Long was found not guilty of a separate charge involving drug paraphernalia. Long raised a few concerns in his appeal. He argued that his Fourth Amendment rights were violated because police entered a place without properly announcing themselves. He also felt the state did not provide enough evidence to prove he had control or possession of the methamphetamine. Lastly, he believed there wasn't enough evidence for him to go to trial for the drug trafficking charge. The court looked closely at the evidence and procedures from Long's trial. They first addressed the entry of police into the motel room. Even if not knocking and announcing was an error, the court decided that this did not impact the overall case because the evidence found was still valid. Next, the court evaluated whether the evidence presented during the trial was strong enough to support a verdict of guilty. They determined that there was enough evidence to show that Long had joint possession of the methamphetamine found at the motel. Lastly, the court examined whether Long should have been able to challenge the charges before his trial but concluded that he did not show any clear error that would affect the outcome of his case. Since the state showed enough probable cause for his charges at the preliminary hearing, they found no reason to reverse the decision. In conclusion, the court decided not to grant any relief for Long's appeal, confirming his conviction and the sentence imposed.

M-2018-335

Post author:Staff
Post published:July 11, 2019
Post category:M

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JULIUS LAMAR WRIGHT,** Appellant, **v.** **THE STATE OF OKLAHOMA,** Appellee. **No. RE 2018-0144** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **JUL 11 2019** **SUMMARY OPINION** LEWIS, PRESIDING JUDGE: Appellant Julius Lamar Wright entered a plea of guilty in the District Court of Oklahoma County, Case No. CF-2009-228, for Count 1 - Possession of a Controlled Dangerous Substance With Intent to Distribute (Marijuana) and Count 2 - Possession of Drug Paraphernalia. On April 28, 2009, Appellant received a five-year deferred sentence on each count. On March 6, 2012, Appellant pled guilty to allegations in the application to accelerate his deferred sentences, resulting in a ten-year suspended sentence (first five years in custody) for Count 1, and one year in the Oklahoma County Jail for Count 2. These sentences were ordered to run concurrently with each other and with CF-2011-1457. Appellant was charged with Domestic Abuse by Strangulation on December 9, 2015, in Oklahoma County District Court Case No. CF-2015-8860. He entered a no contest plea and was given a ten-year suspended sentence with probation conditions, which ran concurrently with the earlier cases and included credit for time served. The State's motion to revoke Appellant's suspended sentence in Case No. CF-2009-228 due to the new charge and failure to pay restitution was dismissed on June 28, 2016, as part of the plea agreement in Case No. CF-2015-8860. On June 29, 2017, the State filed a motion to revoke Appellant's suspended sentences in Cases CF-2009-228 and CF-2015-8860, alleging a new crime of Possession of a Controlled Dangerous Substance in Oklahoma County District Court Case No. CF-2017-2733. After a revocation hearing on January 31, 2018, Appellant's suspended sentences in both cases were revoked. Appellant appeals the revocation of his suspended sentences, raising two propositions of error: 1. The evidence presented during his revocation hearing should have been excluded as it was obtained through egregious police conduct violating his Fourth Amendment rights. 2. The trial court abused its discretion by revoking Appellant's sentences in full, constituting a violation of his due process rights and resulting in an excessive sentence. We affirm the District Court's decision to revoke Appellant's suspended sentences in full. Appellant's first argument was not raised at the revocation hearing, leading us to review for plain error. To claim relief under the plain error doctrine, Appellant must prove: (1) an actual error occurred; (2) the error is clear and obvious; and (3) the error affected his substantial rights, impacting the outcome of the hearing. We find no plain error and conclude that the trial judge did not abuse discretion in finding Appellant violated the conditions of his suspended sentences. Regarding the second argument, the court has broad discretion in revoking suspended sentences, and this discretion will not be disturbed without showing an abuse thereof. Appellant has not demonstrated any such abuse. **DECISION** The revocation of Appellant's suspended sentences in Oklahoma County District Court Case Nos. CF-2009-228 and CF-2015-8860 is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2019), the MANDATE is ORDERED issued upon the filing of this decision. **REVOCATION APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY, THE HONORABLE RAY C. ELLIOTT, DISTRICT JUDGE** **APPEARANCES ON APPEAL REVOCATION PROCEEDINGS** **THOMAS HURLEY** **MARVA A. BANKS** Assistant Public Defender Oklahoma County Public Defender's Office 611 County Office Building 320 Robert S. Kerr Oklahoma City, Oklahoma 73102 Counsel for Defendant **KIRK MARTIN** Assistant District Attorney Oklahoma County 320 Robert S. Kerr Suite 505 Oklahoma City, Oklahoma 73102 Counsel for the State **OPINION BY:** LEWIS, P.J. KUEHN, V.P.J.: Concur LUMPKIN, J.: Concur HUDSON, J.: Concur ROWLAND, J.: Concur **[PDF VERSION AVAILABLE HERE](https://opinions.wirthlawoffice.com/wp-content/uploads/M-2018-335_1734421708.pdf)**

S-2018-164

Post author:Staff
Post published:July 11, 2019
Post category:S

This document is an opinion from the Oklahoma Court of Criminal Appeals in a criminal case involving Don Arneilus Ingram. The opinion details the legal proceedings stemming from Ingram’s arrest and the subsequent suppression of evidence obtained during that arrest. **Key Points of the Case:** 1. **Charges Against Ingram**: Don Arneilus Ingram faced multiple felony charges including trafficking in illegal drugs, being a felon in possession of a firearm, and possession of proceeds from illegal drug activity, with the state alleging that these crimes were committed after previous felony convictions. 2. **Initial Detention and Arrest**: The arresting officer, Sergeant Greg Bell, initially noticed Ingram driving a vehicle with a temporary tag in a high-crime area. After observing suspicious behavior, including Ingram’s inability to identify a friend he claimed to be visiting, Sgt. Bell approached Ingram to ask questions. This led to Sgt. Bell detaining Ingram for driving without a license. 3. **Search Incident to Arrest**: Following the arrest, Sgt. Bell conducted a search of Ingram, which yielded a large amount of cash and identification. After noticing Ingram acting nervously and attempting to direct his female companion to leave, officers subsequently searched the vehicle Ingram had been driving, finding significant quantities of illegal drugs and a firearm. 4. **Motion to Suppress Evidence**: Ingram filed a motion to suppress the evidence obtained during the search, arguing that the officer lacked reasonable suspicion to stop him and that the search was therefore unlawful. 5. **District Court’s Ruling**: The district court granted Ingram's motion to suppress, determining that the initial contact was not lawful and that the subsequent search of the vehicle was unreasonable. 6. **Court of Criminal Appeals Decision**: The Oklahoma Court of Criminal Appeals reversed the district court's order. The court found that Sgt. Bell's initial interaction with Ingram was a consensual encounter and that sufficient probable cause existed for both the arrest and the search of the vehicle. **Conclusion**: The appellate court concluded that the evidence should not have been suppressed, underscoring the importance of analyzing the totality of circumstances leading to an officer’s determination of probable cause. The decision emphasizes that even behavior that seems innocent in isolation can, when viewed in context, lead to reasonable suspicion and probable cause. The court remanded the case for further proceedings. For a complete review of this case and its legal implications, interested parties can download a PDF of the full opinion.

S-2018-438

Post author:Staff
Post published:July 11, 2019
Post category:S

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **STATE OF OKLAHOMA,** **Appellant,** **v.** **LESLYE SOTO,** **Appellee.** **Case No. S-2018-438** **Filed July 11, 2019** **Opinion by: Lewis, Presiding Judge** --- **OPINION** Leslye Soto was charged with aggravated trafficking in illegal drugs, in violation of 63 O.S.Supp.2014, § 2-415, in Oklahoma County district court case number CF-2015-5312. The district court, presided over by the Honorable Ray C. Elliott, granted a motion to suppress evidence obtained by law enforcement prior to the trial. The State appeals this decision. ### FACTS On the night of the incident, Leslye Soto was a passenger in a vehicle driven by her husband, Jorge Soto. The vehicle was stopped by Sergeant Keegan Burris from the Oklahoma City Police Department K-9 unit for making an improper lane change. Following the stop and a brief investigation, Burris observed signs that led him to suspect drug trafficking. These included: - The appearance of the vehicle which suggested a lived-in look. - The nervous demeanor of both the driver and passenger. - A disassembled phone in the vehicle. - Misaligned statements regarding the purpose of their travel. - Clothing that did not appear suitable for a wedding. After issuing a warning citation and asking for additional questions, Jorge Soto initially declined to consent to a vehicle search. Burris then extended the detention based on the signs of possible illegal activity, deploying a K-9 to sniff the vehicle. The K-9 alerted, leading to the discovery of contraband. The trial court concluded that Burris lacked reasonable suspicion to extend the stop, determining the presented factors were insufficient for such suspicion. The State appeals this ruling. ### ANALYSIS The standard for evaluating the trial court's decision on a motion to suppress is an abuse of discretion. Under established jurisprudence, an extended police stop must either be based on reasonable suspicion or valid consent. In this case, Sergeant Burris provided specific articulable facts informing his suspicion of drug trafficking, relying on his training and expertise. The totality of circumstances, rather than isolated factors, should guide the determination of reasonable suspicion. The trial court's comparison of the Sotos' behavior to its own travel habits was misplaced and underappreciated the officer's expertise. Understanding that reasonable suspicion is a lesser standard than probable cause, the court finds Burris legitimately extended the stop for further investigation. Given the K-9's alert after this reasonable extension, the officer developed probable cause to conduct a search of the vehicle. ### DECISION The trial court's ruling suppressing the evidence is reversed. The case is remanded to the district court for further proceedings consistent with this opinion. **Attorneys on Appeal:** - For the State: Kyle Peppler, Clayton Niemeyer - For Defendant/Appellee: Richard W. Anderson, David Autry **Concurrences:** KUEHN, V.P.J.; LUMPKIN, J.; HUDSON, J.; ROWLAND, J. --- **Click Here To Download PDF** [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-438_1734280785.pdf)

F-2017-949

Post author:Staff
Post published:June 13, 2019
Post category:F

In OCCA case No. F-2017-949, Montoyia Corbitt appealed her conviction for Manslaughter in the First Degree-Heat of Passion. In an unpublished decision, the court decided to affirm her judgment and sentence. One judge dissented. Montoyia Corbitt was tried for a crime that involved the death of another person. During her trial, she claimed she acted in self-defense. However, the jury found her guilty, and she was given a six-year prison sentence. The law said she had to serve at least 85% of her sentence before she could be considered for parole. Corbitt made three main arguments in her appeal. First, she believed the evidence was not enough to prove she did not act in self-defense. The court explained that self-defense is a reason someone can use force, but it has to be reasonable. They found there was enough evidence that showed Corbitt's fear was not reasonable and, therefore, not justified in using deadly force. Second, Corbitt argued that a police officer’s opinion in her trial influenced the jury and was not fair. The court reviewed this matter and decided that the officer's testimony was allowed because it was based on what he observed during the investigation. They concluded that his statements helped clarify what happened during the incident without directing the jury toward a specific conclusion. Third, Corbitt was concerned about a photograph that showed her face during a police interview. She thought it was not relevant and unfairly prejudiced her case. The court ruled the photo was relevant because it helped support her claim of self-defense. They believed the image added to the understanding of the situation rather than just being harmful to her. Ultimately, after looking at all the arguments and evidence, the court agreed with the jury’s decision and affirmed her conviction.

F-2018-547

Post author:Staff
Post published:May 30, 2019
Post category:F

**Oklahoma Court of Criminal Appeals Summary Opinion: Carlos Antonio King v. State of Oklahoma** **Case No.:** F-2018-547 **Filed:** May 30, 2019 **Judges:** LUMPKIN, P.J., LEWIS, P.J., KUEHN, V.P.J., HUDSON, J., ROWLAND, J. **Facts of the Case:** Carlos Antonio King was convicted by a jury for Unlawful Possession of a Controlled Drug with Intent to Distribute (Methamphetamine and Marijuana) and Unlawful Possession of a Firearm After a Prior Felony Conviction in the District Court of Choctaw County. The jury sentenced him to 20 years each for the drug counts (concurrent) and 1 year in jail for the firearm count (consecutive). **Propositions of Error:** 1. Admission of other crimes evidence violated King's right to a fair trial. 2. Admission of evidence related to an alleged December 2015 buy and an existing arrest warrant violated his fair trial rights. 3. Evidence from an April 15 vehicle search should have been suppressed due to a violation of his Fourth Amendment rights. 4. Prosecutorial misconduct due to the premature publication of unadmitted photographs. 5. Cumulative errors denied him a fair trial. 6. Insufficient evidence to convict him for Possession with Intent to Distribute. **Court's Analysis and Decision:** 1. **Proposition One:** The court upheld the trial court’s decision to admit evidence of other crimes, determining it was relevant to prove knowledge and intent, affirming that it did not substantially outweigh its prejudicial effect. 2. **Proposition Two:** King’s argument regarding the December 2015 buy and arrest warrant was found forfeited due to lack of supporting argument or authority, hence denied. 3. **Proposition Three:** The court found that the search warrant adequately described the areas to be searched. The vehicle, parked on the premises described in the warrant, did not require an additional search warrant. No plain error was identified. 4. **Proposition Four:** While it was noted that the prosecutor used photographs in opening statements that hadn’t yet been admitted into evidence, this was not found to affect King's substantial rights, especially since the photographs were ultimately admitted without objection. 5. **Proposition Five:** The court denied the cumulative error claim, stating that no errors were identified during the trial. 6. **Proposition Six:** The court used the Jackson v. Virginia standard for evaluating the sufficiency of evidence, affirming that sufficient evidence existed that could lead a rational jury to conclude King's guilt beyond a reasonable doubt. **Conclusion:** The Oklahoma Court of Criminal Appeals affirmed the judgment and sentence of the District Court, finding no reversible errors in the trial proceedings. **Opinion by:** LUMPKIN, P.J. **Concurred by:** LEWIS, P.J.; KUEHN, V.P.J.; HUDSON, J.; ROWLAND, J. [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-547_1735318084.pdf)

S-2018-229

Post author:Staff
Post published:May 23, 2019
Post category:S

**Summary of Case: State of Oklahoma v. Brittney Jo Wallace, 2019 OK CR 10** **Court**: Court of Criminal Appeals of Oklahoma **Case No.**: S-2018-229 **Date Filed**: May 23, 2019 ### Background: Brittney Jo Wallace was charged in the District Court of Rogers County with two counts of Enabling Child Abuse and one count of Child Neglect. A pretrial hearing was held regarding her motion to suppress evidence obtained from her cell phone, which was granted by the trial court. ### Key Points: 1. **Appeal by State**: The State of Oklahoma appealed the trial court's decision to suppress evidence obtained from Wallace's cell phone, arguing that the seizure was supported by probable cause. 2. **Legal Standards**: - The appeal is evaluated under 22 O.S.2011, § 1053, which allows the State to appeal a pretrial order suppressing evidence in cases involving certain offenses. - The appellate court applies an abuse of discretion standard when reviewing a motion to suppress. 3. **Probable Cause & Exigent Circumstances**: - The court recognized that warrantless searches are presumed unreasonable but can be justified under certain conditions, such as probable cause and exigent circumstances. - The detective believed that Wallace's phone contained evidence of child abuse and had sufficient reasons to act quickly to preserve that evidence. 4. **Actions Taken with the Phone**: - The detective accessed the phone with Wallace's assistance to forward calls and put the device in airplane mode, actions viewed as reasonable to prevent potential evidence loss. 5. **Trial Court's Findings**: - The trial court suppressed the evidence, stating the seizure and accessing of the phone were illegal. The appellate court found this decision to be an abuse of discretion, as the actions taken by law enforcement were justified. 6. **Search Warrant**: - The State also challenged the trial court's ruling regarding a subsequent search warrant for the cellphone, which the trial court deemed overly broad and not supported by probable cause. - The appellate court highlighted the need for the defendant to provide evidence showing the invalidity of the warrant and noted the lack of factual development in the record. ### Conclusion: The appellate court reversed the trial court's decision to suppress the evidence. It determined that the initial seizure and accessing of Wallace’s phone were reasonable and consistent with legal standards. The matter was remanded to the district court for further proceedings. The decision was unanimously concurred by all judges. **Document Link**: [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-229_1734331323.pdf) --- This summary encapsulates the critical elements of the case, focusing on the legal principles involved and the court's reasoning without delving into detailed citations or procedural minutiae.

F-2017-622

Post author:Staff
Post published:May 16, 2019
Post category:F

In OCCA case No. F-2017-622, Dakota William Stewart appealed his conviction for two counts of First Degree Manslaughter and one count of Unlawful Possession of a Controlled Dangerous Substance. In a published decision, the court decided to affirm Stewart's judgment and sentence. One member of the court dissented. Stewart was involved in a car accident where his vehicle collided with another, resulting in two deaths. He was critically injured and taken to the hospital, where, without a warrant or his consent, a nurse drew blood to test for drugs. The blood tests showed the presence of methamphetamine and marijuana. Stewart contested the legality of the blood draw, arguing it violated his constitutional rights against unreasonable searches and seizures. Initially, the district court denied his motion to suppress the blood evidence, citing Oklahoma law that permits blood draws without a warrant in severe vehicle accidents. The court referenced previous rulings that support this statute. However, the higher court reviewed these past decisions, particularly focusing on whether the law upheld constitutional protections. The decision highlighted that legal procedures must include an individualized assessment of probable cause by a neutral magistrate to justify warrantless searches. The court found that the law in question, while attempting to streamline procedures for serious accidents, created a blanket rule that bypassed this necessary step. Ultimately, the court ruled that even if the blood draw violated constitutional principles, the good faith reliance on the statute by law enforcement meant the results could still be admitted as evidence. Therefore, the court upheld Stewart's conviction, emphasizing the importance of proper procedure while acknowledging the complexities involved in such tragic incidents.

F-2017-444

Post author:Staff
Post published:May 9, 2019
Post category:F

In OCCA case No. F-2017-444, Haskin appealed his conviction for child neglect and child sexual abuse. In an unpublished decision, the court decided to affirm his convictions and sentences. No one dissented. Haskin was found guilty of neglecting children and sexually abusing them. The jury gave him several long prison sentences, including ten years for each count of neglect and many decades for sexual abuse. The judge ordered these sentences to be served one after the other. Haskin raised seven main arguments against his conviction during his appeal. He claimed that the trial court made mistakes that affected his rights. For example, he said that evidence was unfairly used against him, and that the trial did not follow the rules properly. He argued that a police investigator should not have gone back to his property without a warrant, and that his rights were violated in other ways as well. However, the court found that the police acted reasonably and that Haskin's claims of error did not hold up because he did not provide enough details to support them. The court carefully reviewed everything and decided there was no need to change the outcome of the trial. They ruled that Haskin's conviction and the long sentences would stand. The decision means he will serve a considerable time in prison for his actions.

RE-2018-128

Post author:Staff
Post published:April 18, 2019
Post category:RE

In the Court of Criminal Appeals of the State of Oklahoma, Milton Roger Hornsby appealed the revocation of his suspended sentence from the McIntosh County District Court, overseen by Judge James D. Bland. This appeal arose from convictions in two cases, CF-2012-45 and CF-2012-60, covering multiple charges including possession of a firearm after conviction and assault with a dangerous weapon. Hornsby initially received a twenty-year suspended sentence for one charge and six-month suspended sentences for others, all to be served concurrently. The State's motion to revoke the suspended sentences, filed on September 19, 2016, was due to an alleged new crime involving assault and battery with a dangerous weapon. Following a hearing on December 29, 2016, Judge Bland revoked ten years of Hornsby's suspended sentences. Hornsby raised several legal arguments on appeal: 1. **Burden of Proof**: He argued that Judge Bland imposed a lower burden of proof than required. However, the court affirmed that Judge Bland properly articulated the standard during the hearing, which was that the State needed to show it was more likely than not that Hornsby violated his probation. 2. **Suppressed Evidence**: Hornsby contended that evidence pertaining to the use of a knife, previously suppressed in a related case, was improperly considered at the revocation hearing. The court noted that Hornsby did not object during the hearing and thus waived his right to raise this issue on appeal apart from claiming plain error, which he failed to establish. 3. **Intent to Harm**: Hornsby claimed there was insufficient evidence to prove he intended to inflict bodily harm. The court stated that the evidence presented was sufficient to suggest that it was more likely than not that Hornsby had such intent. 4. **Cumulative Errors**: Lastly, Hornsby argued that the accumulation of errors deprived him of a fair hearing. The court found no merit in this argument, as each proposition raised was without merit. The Court concluded that there was no abuse of discretion in Judge Bland's decision to revoke the suspended sentence, affirming the revocation. The mandate was ordered to issue following the filing of the decision.

F-2016-1015

Post author:Staff
Post published:January 4, 2018
Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **DERRECK RYAN GRAY,** Appellant, Case No. F-2016-1015 **V.** **STATE OF OKLAHOMA,** Appellee. --- **SUMMARY OPINION** **LUMPKIN, PRESIDING JUDGE:** Appellant Derreck Ryan Gray was convicted by jury of Unlawful Possession of a Controlled Dangerous Substance (Methamphetamine) With Intent to Distribute (Count I) and Obstructing an Officer (Count II) in the District Court of Payne County. The jury recommended a sentence of twenty-four years for Count I and one year in jail with a $500 fine for Count II. The trial court sentenced Appellant according to the jury's recommendations, though it reduced the fine in Count II to $100. The sentences were ordered to run concurrently. Appellant appeals, raising one proposition of error: 1. The trial court erred in denying Appellant's motion to suppress evidence obtained during what he contends was an illegal seizure. After reviewing the details of the case and the arguments presented, we conclude that no relief is warranted. During the traffic stop for a violation, neither the driver nor Appellant had valid driver's licenses. Consequently, the vehicle was to be impounded. Upon concluding the traffic stop, Appellant was free to leave, but officers instructed him to exit the vehicle to inventory it. As he did, Officer Cluck observed a plastic bag drop to the floor. When instructed not to touch it, Appellant ignored this and attempted to flee with the bag. Officer Cluck arrested Appellant for Obstructing an Officer, which permitted retrieval of the bag. Subsequent analysis of the bag revealed it contained methamphetamine. Appellant asserts that the seizure of the bag was improper; however, he does not dispute the legality of the traffic stop or the imminent impoundment. His attempt to flee with the bag constituted obstruction, providing probable cause for his arrest. This established legal basis nullifies his argument against the seizure of the evidence. In reviewing the trial court's actions regarding the suppression motion, we find no abuse of discretion. The trial court's denial of the motion to suppress is affirmed, as Appellant's conduct provided justification for his detention and the subsequent evidence seizure, which does not violate his Fourth Amendment rights. **DECISION** The JUDGMENT and SENTENCE is AFFIRMED. The MANDATE is ORDERED issued upon the filing of this decision. --- **APPEARANCES AT TRIAL** Royce Hobbs, Stillwater, OK, Counsel for Defendant **APPEARANCES ON APPEAL** Robert W. Jackson, Norman, OK, Counsel for Appellant Laura Austin Thomas, Payne County District Attorney **OPINION BY:** LUMPKIN, P.J. **Concur:** LEWIS, V.P.J.; HUDSON, J.; KUEHN, J.; ROWLAND, J.

F-2016-179

Post author:Staff
Post published:August 17, 2017
Post category:F

In OCCA case No. F-2016-179, John Stanton Lewis appealed his conviction for possession of a controlled dangerous substance and other related offenses. In an unpublished decision, the court decided to affirm Lewis's convictions for three counts and modify his conviction for one count from a felony to a misdemeanor, resulting in a shorter sentence. One judge dissented. Lewis was convicted in a district court for several counts involving drugs and a firearm. The jury sentenced him to different terms, including 15 years for possession of methamphetamine after previous felonies, 2 years for firearm possession, 4 years for marijuana possession, and 90 days for drug paraphernalia. The court made these sentences consecutive and gave him credit for time served. Lewis raised four main arguments on appeal: 1. **Illegal Search**: He argued that evidence against him should not have been used because it was obtained through an illegal search. The court found that the initial entry into his mobile home by law enforcement was legal since it was during a fire incident and they were investigating. Therefore, this argument was denied. 2. **Jury Instructions**: Lewis contended that the jury was not properly instructed on the possible punishments for his offenses, particularly about the enhancement of his charges due to prior convictions. The court agreed that there was a plain error concerning the instruction for the marijuana possession charge, modifying it to reflect a misdemeanor instead of a felony. His sentence for that charge was reduced from four years to one year. 3. **Evidence for Firearm Charge**: He claimed the evidence was insufficient to convict him for possession of a firearm because the state did not prove the firearm he had was capable of firing. The court found that it is not necessary to prove whether the gun could fire for a conviction under the law, so this argument was denied. 4. **Ineffective Counsel**: Lewis argued that his lawyer did not do a good job representing him. The court noted that proving ineffective counsel requires showing that the lawyer's mistakes affected the outcome of the trial. Lewis couldn't prove his lawyer was ineffective in this case because the range of punishment given was correct, and therefore, this claim was denied. Ultimately, the court affirmed the convictions for several charges, but modified the marijuana possession conviction to reflect a misdemeanor resulting in a shorter sentence. The judgments overall were mostly upheld.

S-2015-972

Post author:Staff
Post published:May 20, 2016
Post category:S

In OCCA case No. S-2015-972, Marco Callejas appealed his conviction for unlawful possession of a controlled drug with intent to distribute and possession of a firearm after juvenile adjudication. In an unpublished decision, the court decided to affirm the trial court's decision to grant Callejas' motion to suppress evidence and dismiss the charges. One judge dissented. Marco Callejas was charged with two crimes in Tulsa County. The charges included unlawful possession of a controlled drug with intent to distribute and having a firearm after being a juvenile delinquent. During his preliminary hearing, the official decided that the stop made by the officer was valid but dismissed one of the charges while moving forward with the other. Before the actual trial began, Callejas argued that there wasn't enough evidence against him and that the evidence collected during the stop should not be used. The judge agreed and dismissed both charges, so the State decided to appeal the judge's decision. The State argued that the judge made errors during the hearing, especially in determining that there wasn't a valid reason for the traffic stop. They explained that the officer interpreted a local traffic law to mean that drivers must hesitate before changing lanes. However, the judge decided that this interpretation of the law was incorrect and that Callejas did not break any laws because he signaled before changing lanes safely. The appeals court looked closely at the traffic law in question and agreed with the judge that the law did not say drivers had to pause before changing lanes. The court pointed out that the officer could see Callejas signaled before making the lane change and that no other traffic was affected by his action. Therefore, there was no valid reason for the officer to stop Callejas. The State also tried to argue that a past decision, involving another case, should apply here, but the court concluded that the current law was clear and did not have the same ambiguities as the previous case. Ultimately, the appeals court confirmed that the traffic stop was based on a misunderstanding of the law. The court affirmed the original decision to suppress the evidence gathered from the stop and to dismiss all charges against Callejas. This means that Callejas did not face criminal charges due to the invalidity of the stop. In summary, the court found that the trial judge made the right call in dismissing the case because the police officer did not have a good reason to stop Callejas.