Jones Peters

In OCCA case No. F-2003-505, the appellant appealed his conviction for Maintaining a Place for Keeping/Selling Controlled Substances. In an unpublished decision, the court decided that a new trial was required because the jury was not properly instructed about the elements necessary for a felony conviction. The appellant argued that the jury was not asked whether he knowingly or intentionally maintained a place for keeping controlled substances, which was important for the severity of the penalty. Thus, the decision to impose a five-year prison sentence and a fine of $10,000 exceeded what the law allowed. Therefore, the court reversed the appellant's conviction and sent the case back for a new trial. One judge dissented from this decision.