Manufacture of Controlled Dangerous Substance Archives

F-2014-310

Post author:Mili Ahosan
Post published:May 29, 2015
Post category:F

In OCCA case No. F-2014-310, Jeffery Alan Patton appealed his conviction for Manufacture of Controlled Dangerous Substance (Methamphetamine) and other related charges. In an unpublished decision, the court decided to affirm the convictions for manufacturing methamphetamine and possession of a firearm during the commission of a felony, but reversed the conviction for possession of a firearm after felony conviction. One judge dissented on the decision regarding the firearm convictions. Appellant Patton was found guilty by a jury of manufacturing methamphetamine and possessing firearms while committing a felony, as well as possessing a firearm after a felony conviction. He was sentenced to life imprisonment for the first charge, and ten years and two years for the other firearm charges, respectively. Patton argued that the evidence against him was not strong enough and that his lawyer did not effectively defend him. The court reviewed his claims that there was not enough proof that he manufactured methamphetamine and did not actually possess the firearms during the crime. However, the court found that there was enough evidence presented at trial, which could lead any reasonable person to believe he was involved in the crime. The first two propositions were denied, meaning they did not agree with Patton on those points. In regards to his claims of ineffective assistance of counsel, the court found that his lawyer's actions during the trial did not fall below the necessary standards of proper legal representation. Therefore, this proposition was also denied. One of Patton's major contentions was about double jeopardy, saying he should not have been convicted for both firearm charges that arose from the same incident. The court agreed, recognizing that both convictions came from the same act, leading them to dismiss the second firearm possession conviction. As for Patton’s claim that his sentences were too harsh, the court concluded they were within legal limits and not excessively severe. They also noted that Patton didn’t ask for his sentences to run at the same time, leading them to decide there was no error in making his sentences consecutive. Patton also argued he should receive credit for time served before his sentencing; however, because he did not bring this up in court earlier, he could not successfully appeal this point. Lastly, he claimed the evidence should have been suppressed since the search was illegal, but the court determined that the deputies had a good reason for their actions due to public safety concerns. In summary, the court upheld most of Patton's convictions and sentences, highlighting the principle that sufficient evidence and procedural rules were followed during his trial, while reversing one conviction related to firearm possession.

F-2010-651

Post author:Mili Ahosan
Post published:December 13, 2011
Post category:F

In OCCA case No. F-2010-651, Frank Leroy Gibson appealed his conviction for Manufacture of Controlled Dangerous Substance (Methamphetamine) and Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm Gibson's convictions but modified his sentence on Count I to 25 years of imprisonment instead of Life. One judge dissented regarding the sentencing modification. Gibson was found guilty by a jury of manufacturing methamphetamine and possessing drug paraphernalia after a police search of his home. The jury considered various pieces of evidence, including burned pseudoephedrine blister packs and a coffee grinder with traces of the drug. Gibson argued that there wasn't enough evidence to prove he manufactured methamphetamine, but the court disagreed, stating sufficient circumstantial evidence pointed to his involvement. Gibson also raised concerns about how the jury was instructed regarding a question they had during sentencing discussions. He claimed the response given by the judge was improper. However, the court found that the response did not negatively affect his rights. Another point of appeal involved how the State proved Gibson’s prior felony convictions. Gibson argued that the use of certain documents to establish his past convictions was wrong. The court noted he did not object to this during the trial, so it upheld the use of the documents. Gibson also claimed that his post-arrest silence was mentioned inappropriately during the trial, which could lead to unfair treatment. The court assessed this point and found that the reference did not affect the fairness of the trial overall. Gibson argued that the prosecutor acted inappropriately during the trial, making inflammatory comments and expressing personal opinions. The court examined these claims and concluded that while some comments by the prosecutor were improper, they did not affect the outcome of the trial. There was also a concern about the trial judge informing the jury that Gibson's attorney was facing criminal charges. The court acknowledged the trial court's comments were poorly chosen but ultimately decided that they did not cause significant harm to Gibson’s case. The court determined that while Gibson's sentence was initially excessive due to the previous errors and comments related to the trial, the evidence of his guilt was strong, and thus reduced his sentence on the methamphetamine charge to 25 years in prison. The possession charge remained unchanged and the sentences were to run concurrently. In conclusion, while Gibson’s convictions were upheld, the court modified his sentence for fairness considering the cumulative effects of the prosecutor's statements and the judge's comments.