F-2013-788

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In OCCA case No. F-2013-788, Travis Lenard Mikado appealed his conviction for Attempting to Elude a Police Officer and Possession of a Controlled Dangerous Substance for both Marijuana and Methamphetamine. In a published decision, the court decided to reverse the conviction for the misdemeanor Possession of Controlled Dangerous Substance while affirming the convictions for Attempting to Elude a Police Officer and the felony possession of Methamphetamine. One judge dissented. The case began when two police officers saw Mikado driving erratically, crossing the centerline. They activated their lights and followed him into a parking lot. Instead of stopping, Mikado accelerated, jumped the curb, and took off down the street, leading the officers on a high-speed chase. The pursuit ended when Mikado lost control of his car, which flipped multiple times. He was thrown from the vehicle but was conscious when officers reached him. A search revealed he had Methamphetamine and Marijuana in his pockets. Mikado challenged his convictions for Possession of a Controlled Dangerous Substance, claiming they violated laws against multiple punishments. However, he hadn’t raised this challenge before the trial, so the court evaluated it for plain error, which occurs when there is an obvious mistake that impacts the fairness of the trial. The court found that Mikado's two drug possessions were part of a single act since both drugs were found in one location. The ruling referenced past decisions where individuals could not be punished more than once for the same offense if it was part of one action, as in Mikado’s case. The court decided that since the Methamphetamine and Marijuana were both in the same pocket, it counted as one act of possession. Therefore, the conviction for one of the drugs was reversed. In summary, the court affirmed most of Mikado’s convictions but recognized that he should not have been punished for both drugs separately, leading to a significant change in his sentencing.

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F-2013-801

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In OCCA case No. F-2013-801, Dotson appealed his conviction for Attempting to Elude a Police Officer. In a published decision, the court decided to affirm the judgment but modify the term of post-imprisonment supervision to twelve months. One justice dissented.

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F-2007-66

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In OCCA case No. F-2007-66, Lyle Wayne Strickland appealed his conviction for multiple offenses, including burglary and assaulting a police officer. In an unpublished decision, the court decided to affirm most of the convictions but reversed one for eluding a police officer, ordering it to be dismissed. One judge dissented.

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F-2004-1226

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In OCCA case No. F-2004-1226, Anthony Jerome Johnson appealed his conviction for multiple crimes, including felony eluding an officer, obstructing an officer, and robbery with a firearm. In a published decision, the court decided to affirm his convictions for eluding an officer and robbery with a firearm, but reversed the conviction for obstructing an officer, with instructions to dismiss that charge. One judge dissented regarding the reversal of the obstruction charge. The case stemmed from an incident where Johnson carjacked a woman’s car and fled from police after they initiated a traffic stop. During his escape, he ran numerous stop signs and caused danger to others on the road. Following a high-speed chase, he crashed the car and then ran on foot, trying to evade capture from arresting officers. At trial, Johnson was found guilty and sentenced to several years in prison as well as a fine for the offenses committed. On appeal, he argued four points. First, he claimed that the charges against him violated protections against double jeopardy, stating that the actions he took should not be counted as separate crimes since they arose from one act of fleeing. Second, he contended that evidence for felony eluding was not sufficient, suggesting the situation warranted a lesser charge. Third, he asserted that there was insufficient evidence for the armed robbery conviction. Lastly, he believed inconsistencies in the victim’s testimony supported reducing his sentence. The court, after reviewing the case thoroughly, determined that the convictions and sentences for eluding and robbery were valid. The court found sufficient evidence supporting these convictions, including testimony from eyewitnesses and evidence that directly linked Johnson to the robbery. However, they agreed with Johnson's argument regarding the obstructing charge, concluding both his car and foot chases should be treated as one continuous act of fleeing, therefore only allowing the conviction for eluding. In the end, the court affirmed the convictions for eluding an officer and robbery but instructed that the obstruction charge be dismissed. The dissenting opinion expressed a different view on the obstruction charge, arguing that Johnson's actions could be considered separate acts deserving of distinct charges.

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