F-2018-104
In OCCA case No. F-2018-104, Dameon Tyrese Lundy appealed his conviction for Possession of a Controlled Drug with Intent to Distribute. In an unpublished decision, the court decided to affirm his conviction. One judge dissented. Dameon Tyrese Lundy was found guilty by a jury in Tulsa County for having drugs and cash that suggested he intended to sell drugs. He was sentenced to sixty years in prison and had to pay a fine. He was acquitted of another charge related to money from drug sales. Lundy had two main arguments in his appeal. First, he said the trial court made a mistake by not allowing his lawyer to suppress evidence found by the police. He argued that the police did not have the right to approach him outside a bar. However, the court found that the police were allowed to speak to him in a public place and had a good reason to suspect him because they could smell marijuana and he acted suspiciously. So, they decided there was no mistake by the trial court. Secondly, Lundy claimed there wasn't enough evidence to prove that he intended to sell drugs. His defense was that the drugs were for personal use, but the court said that a reasonable jury could think that Lundy was selling drugs due to the large amount of different drugs and cash he had. This means that the evidence was enough to support his conviction. Lundy then argued that his sentence was too harsh. He pointed out that the laws changed after his crime, meaning someone charged now would face a lower maximum sentence. However, the court stated that the new laws couldn’t be applied to Lundy's case because his crime was committed before the law changed. They concluded that the sentence was proper because of his past convictions. In the end, the court upheld the original decision from the district court, meaning Lundy will have to serve his sentence.