Intent to Distribute

C-2009-542

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In OCCA case No. C-2009-542, Gatewood appealed his conviction for Trafficking in Illegal Drugs and Using a Telephone to Cause the Commission of the Crime of Trafficking in Illegal Drugs. In an unpublished decision, the court decided to grant Gatewood's petition for writ of certiorari, allowing him to withdraw his pleas. One judge dissented. Roscoe Curtis Gatewood, Jr. was in trouble because he was accused of selling drugs and using a phone to help with that crime. He decided to plead guilty to these charges with the advice of his lawyer. The judge gave him a long sentence. Gatewood later wanted to change his plea because he felt his lawyer had a conflict of interest. The conflict happened because both Gatewood and his girlfriend, who was also accused, were represented by lawyers from the same law firm. Gatewood's girlfriend decided to testify against him in exchange for a lighter sentence. This meant Gatewood's lawyer could not defend him as well because he was also looking out for the girlfriend's best interests. The court agreed that this was a serious problem, which unfairly affected Gatewood's case. As a result, the court allowed Gatewood to take back his guilty pleas, meaning he could go to trial instead. The decision to reverse the previous ruling was made so Gatewood could have a fair chance to defend himself. In summary, the court found that Gatewood's rights were harmed because of his lawyer's conflicting duties, and they reversed his conviction so he could have another chance in court.

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F-2009-398

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In OCCA case No. F-2009-398, the Appellant appealed his conviction for Unlawful Possession of a Controlled Substance (Phencyclidine) with Intent to Distribute and Unlawful Possession of a Controlled Substance (Marijuana) with Intent to Distribute. In an unpublished decision, the court decided to affirm the conviction for the first count and reverse the conviction for the second count, with instructions to dismiss it. One justice dissented.

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S-2009-567

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In OCCA case No. S-2009-567, the appellant appealed his conviction for possession of methamphetamine with intent to distribute and possession of drug paraphernalia. In an unpublished decision, the court decided to affirm the district court's order suppressing certain evidence. One judge dissented. Charles Stephens was arrested after police searched his apartment and found illegal drugs. He asked the court to remove the evidence from the case, saying the police had not followed the law when they obtained it. Initially, a lower court agreed to suppress some of the evidence but allowed some to remain. The State, unhappy with this decision, did not properly challenge the ruling. Later, another judge looked at the case and agreed that since the State did not appeal the initial ruling, they had to follow it. The judge then decided that the evidence not suppressed was also obtained through illegal means and thus had to be removed from consideration in the trial. The State argued against this decision, claiming the suppression ruling was wrong and that the defendant did not have a right to claim ownership of some of the evidence. However, the higher court, after reviewing the case, found that the lower court was correct in its rulings. The final decision was to keep the evidence suppressed, meaning it could not be used against the appellant in court.

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S-2009-623

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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.

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C-2009-69

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In OCCA case No. C-2009-69, the Petitioner appealed his conviction for Assault with a Dangerous Weapon, Resisting an Officer, and Possession of a Controlled Dangerous Substance. In a published decision, the court decided to grant the appeal and remand the case for a proper hearing on the motion to withdraw the guilty plea. One judge dissented.

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F 2007-1165

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In OCCA case No. F 2007-1165, the appellant appealed his conviction for unlawful possession of a controlled drug with intent to distribute and unlawful possession of drug paraphernalia. In an unpublished decision, the court decided to reverse the order that terminated his participation in the Drug Court program and instructed to reinstate him into the program. One judge dissented. The case began when the appellant pled guilty to two charges related to drug possession in 2003 and was given a sentence with most of it suspended. After allegations of new violations in 2006, he entered the Drug Court program, which aimed to help him stay away from drugs. However, the State filed to terminate him from the program in 2007, claiming he violated the rules. During the appeal, the appellant argued that the court made a mistake by ending his participation in Drug Court. The court considered whether the reasons for termination were valid. The violations included not completing community service, not writing sentences for a sanction, and not bringing a required book to a meeting. However, evidence showed that the appellant was making progress, had a job, and had been clean for a good period. The court found that the claimed violations weren't enough to justify removing him from the program because there was no clear deadline for completing the tasks. The court emphasized that relapses can happen during rehabilitation and that participants should be given chances to improve. Ultimately, they believed that the appellant was still on the right path and deserved to stay in the Drug Court program. The decision was to reverse the termination and allow the appellant to continue with the program. The dissenting opinion argued that the appellant had not followed the rules enough and that the court had to be strict to help him take responsibility for his actions.

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F-2007-616

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In OCCA case No. F-2007-616, Donald and Tanya Dorr appealed their convictions for various drug-related charges. In a published decision, the court decided to reverse and dismiss all of their convictions. One judge dissented. Donald Dorr was found guilty of growing and possessing marijuana, carrying a firearm as a felon, and possessing drug paraphernalia. He received a 20-year prison sentence and other fines. His wife, Tanya Dorr, was convicted of marijuana cultivation and possession, receiving a suspended sentence and a fine. The Dorrs argued that the police searched their property illegally. They raised several issues about the search, including that it was based on observations from a helicopter without a warrant, and that their consent to search the property was not given freely. The court found that the initial observation from the helicopter did not violate their rights, as the police were allowed to look from the air. However, the Dorrs raised valid points about the lack of a search warrant. The court noted that police did not show there was immediate danger that required them to act quickly without a warrant. The officers had enough time to get a search warrant after spotting the marijuana. The court also considered the circumstances under which Donald Dorr gave consent to search. They found that the large presence of armed officers, along with a helicopter overhead, likely made it challenging for Dorr to give genuine consent. The judges decided that the officers acted inappropriately by not seeking a warrant and that the consent given was not voluntary. Since the evidence obtained from the search was considered illegal, the court concluded that all charges against the Dorrs should be dismissed. This decision rendered the other arguments made by the Dorrs unnecessary. Therefore, all convictions against Donald Dorr and Tanya Dorr were reversed and dismissed.

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C-2007-743

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In OCCA case No. F-2007-636, Bryan William Long, Jr. appealed his conviction for Unlawful Possession of Controlled Drug with Intent to Distribute (Methamphetamine). In an unpublished decision, the court decided to vacate the sentence from the District Court in Case No. CF-2004-31 and remand it back for further proceedings, specifically to determine the unserved portion of Long's sentence. Additionally, the court affirmed the judgment and sentence in CF-2006-90, which was for Burglary in the Second Degree. The court clarified that a prior felony conviction enhanced Long's sentence for the burglary conviction. One member of the court dissented.

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F-2007-636

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In OCCA case No. F-2007-636, Bryan William Long, Jr. appealed his conviction for Unlawful Possession of a Controlled Drug with Intent to Distribute (Methamphetamine). In an unpublished decision, the court decided that the sentence imposed by the District Court was vacated, and the case was remanded to determine the total number of days served under the original sentence. In C-2007-743, the judgment and sentence for Burglary in the Second Degree was affirmed, but the District Court was directed to correct the journal entry regarding prior felony convictions. #1 dissented.

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F-2007-346

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In OCCA case No. F-2007-346, Shawn Dion Reid appealed his conviction for various drug-related offenses including possession of methamphetamine and marijuana with intent to distribute. In a published decision, the court decided to affirm the termination of Reid from the Drug Court Program; however, it vacated the judgments and sentences imposed on certain counts that had been dismissed prior to his guilty pleas. One judge dissented.

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RE 2007-0517

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In OCCA case No. RE 2007-0517, the appellant appealed his conviction for possession of a controlled dangerous substance with intent to distribute (cocaine). In a published decision, the court decided to affirm the revocation of the appellant's suspended sentences. The court also decided that the order must be corrected to reflect that one of the sentences was for five years, not ten years. One judge dissented in part, agreeing with the overall decision but raised concerns about the details of the sentencing.

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F-2006-1242

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In OCCA case No. F-2006-1242, Andruss Lee Flowers appealed his conviction for Trafficking in Illegal Drugs, Unlawful Possession of Marijuana with Intent to Distribute, Unlawful Possession of Paraphernalia, Obstructing an Officer, and Possession of a Firearm While in Commission of a Felony. In a published decision, the court decided to affirm his convictions for the latter four counts but modified his conviction for Trafficking in Illegal Drugs to the lesser offense of Possession with Intent to Distribute. One judge dissented regarding the modification of Count I.

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F-2007-58

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In OCCA case No. F-2007-58, Fredrick Demon Cleveland appealed his conviction for possession of controlled dangerous substances. In a published decision, the court decided to affirm the convictions for possession of cocaine and possession of drug proceeds but reversed the conviction for possession of marijuana with instructions to dismiss. One judge dissented from the decision regarding the marijuana conviction. Cleveland was found guilty of three charges: possessing cocaine with the intent to distribute, possessing drug proceeds, and possessing marijuana. The court sentenced him to various terms in prison, with some sentences running consecutively and others concurrently. Cleveland raised several points in his appeal. He argued that convicting him for both cocaine and marijuana possession violated his rights because the drugs were found together. The court found that although he possessed both drugs, it counted as a single act of possession under the law. Thus, they reversed the marijuana conviction. Regarding another point, Cleveland claimed that a witness gave inappropriate testimony that swayed the jury. The court acknowledged this concern but determined the error was not big enough to change the overall outcome of the case. They emphasized that other evidence supported the convictions for cocaine possession and drug proceeds. In summary, the court affirmed the convictions for cocaine and the related crimes but dismissed the marijuana charges, reflecting that the possession of different drugs at the same time can lead to different legal interpretations based on state law. One judge, however, believed that the marijuana conviction should have been upheld, arguing the legislature intended for both offenses to be prosecuted even when the drugs were found together.

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F-2007-269

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In OCCA case No. F-2007-269, Victor Allen Martin appealed his conviction for several drug offenses, including possession of methamphetamine with intent to distribute. In an unpublished decision, the court decided to reverse one of Martin's convictions for possessing methamphetamine without affixing a tax stamp, as there was not enough evidence to support that charge. The court affirmed his other convictions and sentences, agreeing that the evidence was sufficient for them. One member of the court dissented.

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F-2006-113

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In OCCA case No. F-06-113, Brown appealed his conviction for drug trafficking and other charges. In a published decision, the court decided to affirm the convictions related to drug trafficking and possession with intent to distribute but reversed the conviction for possession of MDMA with intent to distribute, ordering it dismissed. One judge dissented regarding the dismissal of the MDMA possession charge. Brown was on trial for three main charges: trafficking in illegal drugs (crack cocaine), possession of MDMA with intent to distribute, and eluding a police officer. He was sentenced to life in prison without parole for trafficking, along with fines for the other charges. The case started when Brown led police on a car chase. During the chase, he threw out a bag that was later found to contain crack cocaine and MDMA pills. Brown argued that the trial court made mistakes, including not allowing him a continuance to prepare for trial after he decided to represent himself. The court noted that Brown had a long time to prepare since the case had been ongoing for two years and had already received several continuances. When he asked for a delay on the morning of the trial, it was denied since Brown had indicated he wanted to proceed. He also argued that he should have been given a lesser charge of possession with intent to distribute instead of trafficking. However, since he had over 16 grams of crack cocaine, which met the requirements for trafficking, the court did not agree with this. In another point, Brown claimed that having charges related to two different drugs was unfair and violated laws against double punishment for the same act. The court agreed that both drugs were in one bag and thus counted as a single act, leading them to reverse the MDMA conviction. Brown complained about the removal of a juror who was an intern for the public defender's office, claiming it was unjust. The court found that the trial judge acted properly to ensure an unbiased jury since the intern had worked with Brown's attorney. Lastly, Brown argued that his life sentence was harsh and that he was not allowed to present evidence in his favor during sentencing. However, the court pointed out that presenting such evidence is not a right in non-capital cases. Overall, the court upheld most of the trial's decisions while acknowledging a legal distinction that warranted the dismissal of the MDMA charge. One judge disagreed, feeling the convictions were justified and should stand.

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S-2005-890

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In OCCA case No. S-2005-890, Ryan Layne Short and Victor Suarez Ortuno appealed their conviction for drug-related charges. In an unpublished decision, the court decided to affirm the District Court's dismissal of the case against both defendants. One judge dissented. Ryan Layne Short and Victor Suarez Ortuno were charged with several crimes, including trafficking illegal drugs and other drug-related offenses. On September 1, 2005, the District Court decided to dismiss the charges after finding that the traffic stop that led to the arrests was illegal. This decision went through different hearings, with judges initially disagreeing before ultimately siding with the defendants. The main reason for upholding the dismissal was that the officer lacked sufficient evidence to justify the traffic stop. The court reviewed whether the District Court had made any mistakes in handling the case. They concluded that the court had acted correctly by recognizing that there was no valid reason to stop the vehicle. In summary, the court supported the District Court’s decision to dismiss the case against Short and Ortuno because the initial traffic stop was not lawful. This meant that evidence gathered during that stop could not be used against them. One judge disagreed with this outcome, believing that the case should have been handled differently.

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RE-2006-363

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In OCCA case No. RE-2006-363, the appellant appealed her conviction for possession of a controlled dangerous substance (cocaine) with intent to distribute. In a published decision, the court decided to affirm the revocation of the suspended sentence but modified the sentence to six years of incarceration. One judge dissented. The background of the case includes that the appellant entered a guilty plea in July 2003 and was sentenced to twelve years, which was suspended on the condition that she complete an inpatient drug treatment program. However, in March 2005, the state filed an application to revoke her suspended sentence due to several violations, including failure to report to her probation officer and failing to comply with drug testing and treatment requirements. The court found that she also had new drug-related charges against her. In November 2005, a hearing took place where she admitted to the violations. The court then revoked her suspended sentence completely. The appellant later tried to withdraw her plea regarding the revocation but was denied. The review showed that the court followed proper procedures, and the evidence supported the decision to revoke her sentence. Although the court upheld the decision, it decided to lower the amount of time she would spend incarcerated from twelve years to six years.

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F-2004-1277

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In OCCA case No. F-2004-1277, Hammons appealed his conviction for trafficking in illegal drugs and related charges. In a published decision, the court decided to affirm the judgments and sentences for Counts 1, 2, 4, and 5, but reversed the judgment and sentence for Count 3. One judge dissented regarding the communication with the jury.

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S-2005-657

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In OCCA case No. S-2005-657, the State of Oklahoma appealed a ruling related to two individuals who were accused of having marijuana with the intent to distribute, along with drug paraphernalia. In an unpublished decision, the court decided to uphold the lower court's ruling that excluded certain evidence. One judge dissented. Here's what happened: The police received a report that someone smelled marijuana coming from a house. When an officer arrived at the scene, he also smelled the marijuana and entered the home without permission. He searched a few areas and found marijuana and a pipe. The two accused individuals stated that the police officer had no right to enter or search their home. Eventually, a search warrant was issued based on the officer's report of the smell of marijuana. However, during a preliminary hearing, it was decided that the initial search was illegal because the officer did not have permission to enter the house and there were no emergency reasons to justify his actions. The judge in the lower court decided that the evidence collected from the illegal search could not be used to support the search warrant, meaning that the search warrant itself could not stand. Since there was no valid reason to issue the search warrant without the evidence from the initial illegal search, the evidence collected after the warrant was also thrown out. The state argued that the smell of marijuana alone could be enough to justify the search warrant. Still, the judge said that strong evidence was needed and that the warrant was based too much on the illegal findings from the first search. This led the court to agree that the evidence against the accused individuals could not be used, affirming the earlier decision made by the lower court. In short, the court ruled that because the initial search was illegal, it weakened the case against the accused, and thus their evidence should not be included.

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F-2004-939

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In OCCA case No. F-2004-939, the appellant appealed his conviction for manufacturing methamphetamine and possession of methamphetamine with intent to distribute. In an unpublished decision, the court decided to modify the sentences for both convictions to seven years each, affirming the judgment in other respects. One judge dissented.

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F-2003-278

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In OCCA case No. F-2003-278, Carrol Gene Hightower appealed his conviction for cultivation of marijuana, possession of marijuana with intent to distribute, maintaining a dwelling house for keeping controlled drugs, and failure to display a stamp on a controlled drug. In an unpublished decision, the court decided to affirm most of the convictions and sentences but reversed and dismissed the conviction for possession with intent to distribute due to double punishment concerns. One judge dissented.

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F-2003-336

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In OCCA case No. F-2003-336, Joe Lynn Paddock appealed his conviction for several crimes, including conspiracy to manufacture drugs and possession of drugs with intent to distribute. In a published decision, the court decided to reverse and dismiss one conviction due to lack of evidence but upheld the other convictions and modified some sentences. One judge dissented on the sentencing decision.

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F-2003-405

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In OCCA case No. F-2003-405, Clarence Edward Reed appealed his conviction for Unlawful Possession of Controlled Drug, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm Reed's conviction but modified his sentence to six years in prison instead of eight. One judge dissented on part of the decision.

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F-2002-1470

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In OCCA case No. F-2002-1470, Wafford appealed his conviction for several crimes. In a published decision, the court decided to affirm part of the convictions and reverse one of them. One judge dissented. Michael Orlando Wafford was found guilty by a jury of trafficking in illegal drugs, possession of a firearm while committing a felony, possession of a controlled dangerous substance with intent to distribute, and concealing stolen property. The jury gave him a total of fifty-five years in prison for these crimes. There were several issues that Wafford raised in his appeal. First, he argued that there wasn’t enough evidence to support his conviction for possessing a gun while committing a felony and that the evidence for trafficking was also weak. The court, however, found that the evidence was enough to show that Wafford had control over the drugs found and that there was a connection between the gun and the drug crimes. Next, Wafford pointed out that it was unfair to charge him with two different crimes because of the same gun. The court agreed, sending back instructions to dismiss the conviction for concealing stolen property since it stemmed from the same act of having the gun. Wafford also claimed that some evidence during the trial was unfair to him and that he did not get a fair trial because of it. The court found that the objections raised did not significantly affect the outcome of the trial. Overall, the court upheld the conviction for trafficking and the possession of a firearm while committing a felony, concluding that the evidence supported those charges. However, they also ruled that Wafford's conviction for concealing stolen property was not valid and ordered it to be dismissed.

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F-2002-613

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In OCCA case No. F-2002-613, Muhajir A. Sango appealed his conviction for Unlawful Possession of a Controlled Dangerous Substance with Intent to Distribute, after Former Conviction of Two or More Drug Felonies. In an unpublished decision, the court decided to affirm the conviction but reversed the sentence and remanded the case for resentencing. One member of the court dissented. Sango was found guilty by a jury and sentenced to thirty years in prison and a fine of $10,000. He raised several arguments on appeal. He claimed that evidence showing his gang affiliation was irrelevant and unfairly influenced the jury. He also argued that his lawyer did not properly object to this evidence, which made his legal representation ineffective. Lastly, he believed the jury was given incorrect information about his possible sentence. Upon reviewing the case, the court agreed that there was an error in the jury instructions concerning the punishment range for habitual drug offenders. The court concluded that the jury was mistakenly told that the minimum sentence was twenty years instead of the correct ten years. Despite agreeing with some of Sango's concerns, the court found that the introduction of gang-related evidence did not significantly impact the jury's decision, and the arguments about ineffective assistance did not hold up. As a result, his conviction was upheld, but the court mandated that the sentencing should be redone to correct the earlier mistake.

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