Methamphetamine

F-2008-289

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In OCCA case No. F-2008-289, the appellant appealed his conviction for unlawful possession of a controlled drug, marijuana, and paraphernalia. In an unpublished decision, the court decided to reverse the termination of the appellant from the Drug Court Program, agreeing that the trial court abused its discretion in the decision, and reinstated the appellant to the Drug Court Program. One judge dissented. The case involved the appellant, who had entered a Drug Court Program after pleading guilty to drug charges. Initially, the appellant struggled with substance abuse but made significant progress over the years, living a more stable life and regaining custody of her children. However, the situation changed when she was arrested for driving under the influence after having two drinks on a night out. At a court hearing, her termination from the Drug Court Program was discussed. Some witnesses testified that the appellant's actions should not classify as a relapse in her recovery process since she had remained sober for over 400 days before the incident. They argued that even though she made a poor choice by drinking and driving, it did not warrant her removal from the program, especially since she showed great progress in her life. However, the court disagreed with the trial judge's decision to terminate the appellant. The appellate court found that the termination was not justified since the overall evidence suggested that the appellant could successfully complete the Drug Court Program despite the DUI incident. The court emphasized the importance of allowing participants ample time to change their behaviors and succeed in treatment. As a result, the appellate court reversed the termination order and instructed the lower court to reinstate the appellant in the Drug Court Program, allowing her to continue working toward completing her treatment plan.

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RE 2008-411

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In OCCA case No. RE 2008-411, Rocky Allen McCracken appealed his conviction for Unlawful Delivery of Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but modified his five-year sentence to time served. One judge 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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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-2006-1168

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In OCCA case No. F-2006-1168, Steven Allen Flynn, Jr. appealed his conviction for Second-Degree Felony Murder, Concealing Stolen Property, Possession of a Controlled Dangerous Substance (Methamphetamine), Possession of a Controlled Dangerous Substance (Marijuana), and Possession of Drug Paraphernalia. In a published decision, the court decided to affirm his convictions for Concealing Stolen Property, Possession of Methamphetamine, and Possession of Drug Paraphernalia. However, they modified his conviction for Second-Degree Felony Murder to First Degree Manslaughter While Driving Under the Influence and reduced his sentence to twenty years. The court also reversed the conviction for Possession of Marijuana with instructions to dismiss the case. One judge dissented.

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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-2006-850

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In OCCA case No. F-2006-850, Jeffrey Airehart appealed his conviction for drug-related offenses. In a published decision, the court decided to reverse his termination from the Drug Court program and instructed that he be reinstated. One judge dissented. Jeffrey Airehart was removed from a Drug Court program due to several positive drug tests. The judge had previously sanctioned him for these tests by imposing short jail terms. Airehart claimed that terminating him was unfair because he had already faced penalties for the same violations. He argued that this violated laws meant to protect individuals from being punished multiple times for the same issue, known as double jeopardy. The court agreed with Airehart's first argument, stating that the Drug Court system is designed to help individuals recover by allowing for relapses and providing a structured way to deal with them rather than terminating their participation after violations. Since Airehart had already been punished, the court ruled that it was not right to terminate him again for those same actions. Regarding his second argument, Airehart said that he did not get proper notice of the grounds for his termination, which made it hard for him to prepare his defense. The court found that while the State could consider his overall performance in the program to decide on termination, the specific terminations were based on violations for which he had been already punished. Therefore, the additional reasons the State brought up were not the basis for his termination. Ultimately, the court ordered that Airehart be reinstated to the Drug Court program and that previous jail sentences related to his termination be canceled, emphasizing the importance of encouraging rehabilitation rather than simply punishing individuals who struggle with addiction.

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F-2006-736

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In OCCA case No. F-2006-736, Russell Wayne Horn, Jr. appealed his conviction for trafficking in illegal drugs (methamphetamine) and unlawful possession of a controlled drug (cocaine). In an unpublished decision, the court decided to reverse his convictions due to an illegal search of his vehicle. One judge dissented. Russell Horn was found guilty by a jury of two drug-related charges: trafficking methamphetamine and possessing cocaine. He was sentenced to life without the possibility of parole for the trafficking charge and 19.5 years for the possession charge after a police search of his home and vehicle. On February 24, 2005, police executed a search warrant at Horn’s home. When they entered, they found a large sum of money and methamphetamine. When searching Horn’s vehicle with keys found in his apartment, an officer triggered the car alarm. While trying to turn off the alarm, he opened the hood of the car and discovered a bag containing more drugs. Horn argued that the search of his vehicle was illegal, asserting that the search warrant did not specifically mention the vehicle he owned. The trial court had denied his motions to suppress the evidence found in his vehicle, and Horn's appeal claimed this was wrong. The court acknowledged that a good search warrant must clearly identify what can be searched and where. It noted Horn's apartment was described in detail, but the vehicle was only vaguely referred to as a certain vehicle, which could apply to any car. The court found that this lack of specificity made the search unauthorized, leading to the conclusion that the search of Horn's car did not comply with the law. Also, the court considered whether the parked vehicle was part of Horn's home's surroundings, which would allow police to search it. The analysis looked at various factors, concluding that the parking lot was a shared space for multiple tenants and not closely associated with Horn's apartment in a way that would protect it under the Fourth Amendment. The State had argued that even if the warrant was insufficient, the search should still be valid under the good faith rule, which allows for legal searches conducted with honest belief in their legality. However, the court disagreed, stating that the police should have followed the law by specifically describing the vehicle in the warrant. Hence, the good faith exception should not apply in this situation. As a result of the improper search, the court reversed Horn's conviction related to drug trafficking and sent it back for a new trial. The conviction for possessing cocaine was also reversed, with instructions to dismiss that charge altogether. The decision was met with dissent from some judges who believed the officers had enough reasonable cause to search the vehicle based on what they knew about Horn’s activities and the illegal substance sales occurring from his home. These dissenting opinions highlighted that the circumstances surrounding the case should have justified the warrantless search of the vehicle.

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F-2006-341

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In OCCA case No. F-2006-341, Steven Dale Countryman appealed his conviction for attempting to manufacture methamphetamine, unlawful possession of methamphetamine, possession of a police scanner during a felony, and possession of drug paraphernalia. In an unpublished decision, the court decided to affirm the convictions but modify the sentences to run concurrently, with three years of the sentence on the first count being suspended. One judge dissented.

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F-2005-1146

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In OCCA case No. F-2005-1146, Pamela Dee Colley appealed her conviction for trafficking in illegal drugs (methamphetamine) and several other drug-related charges. In an unpublished decision, the court decided to affirm her convictions for counts 1, 2, 4, 5, 6, 7, and 8, but reversed her conviction for count 3, possession of marijuana. One judge dissented regarding the reversal of count 3. Pamela Colley was found guilty by a jury for a serious crime related to illegal drugs after a traffic stop conducted by a police officer. The case began when the officer noticed her car making a traffic violation early in the morning. When he pulled her over, he found out that Colley did not have a driver's license and provided some confusing information. The police officer thought that drug dealers were operating in the area, so he called for a K9 unit to further check for drugs. When the dog alerted, the police searched her car and found illegal drugs, scales, and items used for drug use in her purse. Colley was very upset and later gave permission for police to search her, leading to more illegal items being discovered on her. Colley argued in court that her sentence of life without parole was unfair and that she didn’t know about the drugs. She claimed that her attorney didn’t defend her well and that the way the trial was handled had problems. However, the court found that there was enough evidence to support her conviction. They also decided the police did everything by the book during the traffic stop. While the court agreed that one of her charges resulted in a double punishment, it found that her other convictions were valid given the serious nature of the drug trafficking involved. Thus, she will remain convicted on those charges, which involved large amounts of methamphetamine, while they reversed the possession of marijuana charge due to it being a part of the same incident.

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F-2005-987

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In OCCA case No. F-2005-987, Jimmy Douglas Letterman appealed his conviction for unlawful possession of controlled drug (methamphetamine), unlawful possession of marijuana, possession of a firearm while in commission of a felony, and unlawful possession of paraphernalia. In an unpublished decision, the court affirmed his convictions for possession of methamphetamine, possession of a firearm during the commission of a felony, and unlawful possession of paraphernalia, but reversed his conviction for unlawful possession of marijuana, with instructions to dismiss. One judge dissented.

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F-2005-855

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In OCCA case No. F-2005-855, Fomby appealed his conviction for second-degree burglary, possession of a controlled substance, and other related charges. In an unpublished decision, the court decided to affirm his conviction but modify his sentence. One judge dissented. Fomby was found guilty of several crimes in Comanche County. He received a long sentence of sixty years for each burglary, two years for the possession of methamphetamine, and ten years for concealing stolen property. These sentences were to be served one after the other, making the total time very long. Fomby claimed that there were many mistakes during his trial. He said the court wrongly changed a standard instruction by adding details about his past sentences, which might have influenced the jury. He also mentioned that the prosecutor said he was no longer considered innocent before the trial even concluded, which he felt was unfair. Furthermore, he argued that the court allowed evidence of other crimes unfairly, and he did not get a fair hearing for new charges that were added. The appeal court looked at all these claims. They agreed that the change in jury instruction was a mistake and the prosecutor's comments on Fomby's innocence were improper. Because of these two main points, the court decided to change his sentences from sixty years each to thirty years to be served together instead of one after the other. They concluded that some of Fomby’s other arguments did not have enough merit to change the outcome of the case. For example, they found there was enough evidence to show he knowingly hid stolen items and had possession of methamphetamine. In the end, most of Fomby's convictions were upheld, but his sentences were significantly reduced to make them less severe. One judge did not agree with this modification, believing the original sentences were justified given Fomby’s serious crimes and history.

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F-2004-1283

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In OCCA case No. F-2004-1283, Marion Whitmore appealed his conviction for Possession of Controlled Substance (Methamphetamine) After Two or More Prior Convictions, and Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm his convictions but modified his sentence for possession of methamphetamine from sixty-five years to thirty-five years. One judge dissented, arguing that the original sentence should not have been modified as any error was harmless beyond a reasonable doubt.

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F-2005-357

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In OCCA case No. F-2005-357, Bruce Morris Barnett appealed his conviction for trafficking in illegal drugs and misdemeanor possession of marijuana. In a published decision, the court decided that while the trial judge made a mistake by imposing a fine of $100,000 instead of the minimum fine of $25,000, the convictions were upheld. The judge's sentence was modified to change the fine, but the overall decision affirmed the jury's findings regarding the evidence for the convictions. One judge dissented.

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F 2005-41

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In OCCA case No. F 2005-41, James Nye appealed his conviction for Manufacture or Attempted Manufacture of a Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to affirm his conviction but modify his sentence. One judge dissented. James Nye was found guilty by a jury in a district court in Grady County. The jury decided he should go to prison for sixty years for his crime. After the trial, Nye believed there were problems that made his trial unfair, so he appealed the decision. He raised six main reasons for his appeal: 1. He said there wasn't enough good evidence to prove he did the crime based on what his co-defendant said. 2. He thought the court made mistakes by allowing too much evidence that helped the co-defendant's story without being necessary. 3. He claimed that the people working for the state did things that were unfair and made the jury give him a harsher sentence. 4. He felt that some evidence presented was not related to the case and led to a higher sentence than it should have been. 5. He argued that the sentence he got was too harsh. 6. Finally, he believed that all these problems combined made the trial not fair. After looking at the evidence and the reasons presented by Nye, the court agreed that his conviction should not be changed because there was enough evidence to support the decision. However, they also found that there were issues in the trial that affected his sentence. The court recognized that while some mistakes were made, they ultimately did not affect the conviction itself. The court highlighted that the prosecutor said things that should not have been said and presented evidence that was prejudicial. The judge noted that bringing up Nye’s past in court and how long he spent in jail might have made the jury unfairly biased against him. Because of these mistakes and the belief that the original sentence was excessive, the court changed the sentence from sixty years to a new sentence of twenty years. The judges felt that this new sentence was a fairer punishment for the crime Nye committed. One judge disagreed with the amount the sentence was lowered to, suggesting it should be reduced to thirty-five years instead. In summary, James Nye's conviction is upheld, but he will now serve twenty years in prison instead of sixty because of errors made in the trial.

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F-2005-314

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In OCCA case No. F-2005-314, the appellant appealed his conviction for the Manufacture of a Controlled Dangerous Substance (methamphetamine). In an unpublished decision, the court decided to modify the conviction to Attempting to Unlawfully Manufacture Methamphetamine. One judge dissented. Here’s a summary of the case: Morton D. Hayner was found guilty of making methamphetamine in a trial. The jury sentenced him to life in prison and imposed a $50,000 fine. Hayner argued that the evidence was not enough to prove he manufactured meth, he should have been given chances for lesser charges, and that the fine was too high for him since he didn't have much money. The court looked carefully at the evidence and agreed with Hayner on the first point. They said he was actually trying to manufacture meth but had not finished the process when the police arrived. So, they changed his conviction from manufacturing to attempting to manufacture. On the second point, the court found that Hayner was not denied the chance to consider lesser charges. For the third point, the court decided the fine was appropriate because it matched the seriousness of the crime. In conclusion, Hayner's conviction was changed to Attempting to Unlawfully Manufacture Methamphetamine, but the life sentence and fine were kept the same.

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F-2005-619

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In OCCA case No. F-2005-619, Ralph Emerson Jones, Jr. appealed his conviction for Unlawful Possession of Methamphetamine. In an unpublished decision, the court decided to reverse the conviction and remand the case for a new trial. Two judges dissented. Ralph Jones was found guilty by a jury for having methamphetamine and was sentenced to two years in prison. He believed that the evidence against him was not enough to prove he knew he had the drug, claiming that just having drug paraphernalia was not good enough for a conviction. When reviewing the case, the court found that there was a problem during the trial. Jones was only allowed to use three of his five chances to challenge potential jurors, which is not what the law says should happen. This was seen as a violation of his rights, and the court ruled that he should get a new trial. The final decision was to throw out Jones’s conviction and start the trial over again. Two judges disagreed with this decision, arguing that the appeals court should only look at issues that were raised during the trial and that the evidence actually supported Jones’s conviction. They felt that giving him another chance could lead to unnecessary complications since he might not even want to go through a new trial.

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RE-2004-1033

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In OCCA case No. RE-2004-1033, Wren appealed her conviction for possession of a controlled dangerous substance (methamphetamine). In a published decision, the court decided to affirm the revocation of her suspended sentence but modified the length of her imprisonment. One judge dissented. Wren had originally been sentenced to four years in prison, which was suspended based on her agreeing to probation terms after entering a nolo contendere plea. She did not follow the rules of her probation on several occasions, which led to her first violation and a thirty-day jail sentence. Eventually, the state filed a second motion to revoke her suspended sentence after she failed drug tests and did not pay court costs. Even after a treatment program, Wren continued to use methamphetamine. When the court determined that she had broken her probation rules again, it revoked her suspended sentence entirely. However, Wren argued that her full sentence shouldn't be four years since part of it had already been executed with her previous thirty-day incarceration. The court agreed that the final sentence was actually longer than it should have been and modified the length to reflect the time she had already served. In the end, the court affirmed the revocation of her suspended sentence but adjusted the total imprisonment time to account for her earlier time served, confirming that she needs to serve three years and three hundred thirty-five days of her sentence.

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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-2004-268

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In OCCA case No. F-2004-268, Martin Roy Romero appealed his conviction for drug-related crimes. In an unpublished decision, the court decided to reverse one of his convictions but upheld the rest. A judge dissented in part. Romero was found guilty by a jury in Stephens County for three charges: Conspiracy to Traffic in Methamphetamine, Trafficking in Methamphetamine, and Using a Minor to Distribute Methamphetamine. He was sentenced to several years in prison and significant fines. Romero raised several issues on appeal. He claimed that the prosecutor's actions during the trial were unfair and affected his chances for a fair trial. He also argued that he should not have been punished for both conspiracy and trafficking crimes because they stemmed from the same act, saying it was a violation of his rights against double punishment. He thought that the evidence used to convict him of conspiracy was not enough. Lastly, he felt that it was wrong to convict him of using a minor for trafficking and trafficking itself, again arguing it was related to the same act. After reviewing the case, the court found that one of the convictions for trafficking was indeed improperly counted and reversed that decision. They decided that his actions did not violate the rule against double punishment for the other charges. The court concluded that there was enough evidence to support the conspiracy charge. However, the conviction for trafficking was reversed because the same act could not support two different charges. In summary, the court agreed with Romero about the double punishment issue regarding trafficking, but upheld the other convictions. The final decision reversed and remanded the trafficking charge while affirming the rest.

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F-2004-281

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In OCCA case No. F-2004-281, Lori Jo Schram appealed her conviction for Possession of Precursor Substances with the Intent to Manufacture a Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to affirm the conviction and sentence but vacated the order of restitution. One member of the court dissented. Lori Jo Schram was found guilty by a jury in Grady County after the police found items related to methamphetamine production at a trailer. The jury decided that she should go to prison for ten years, but five years would be suspended, along with a fine of $10,000. The court also said she needed to pay $2,544.46 to the victim. On appeal, Schram raised several points for why she thought her conviction should be reversed. First, she said the trial court made a mistake by not allowing a motion to suppress evidence. She argued the police obtained a search warrant through an illegal search. However, the court explained that an officer was invited to the property and found suspicious items in plain view. Therefore, the court said the search was legal and that the trial court did not make an error. Second, Schram claimed that the prosecution did things that were unfair and that these actions affected her sentence. The court looked at the instances she mentioned and noted that the trial judge told the jury to ignore any improper comments from the prosecutor. The court believed this helped fix any potential errors, and since Schram received a light sentence, the issues raised did not impact it. Finally, Schram argued that the amount of restitution she was ordered to pay was wrong because she was not convicted of manufacturing methamphetamine, only possession. The court agreed that the trial court did not properly determine the restitution amount based on the guidelines, so they decided to vacate that order and send it back to the trial court for a proper assessment. Overall, the court upheld the conviction but changed the restitution order, making it necessary for the trial court to reassess how much Schram owed.

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RE-2004-435

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In OCCA case No. RE-2004-435, the appellant appealed his conviction for unlawful possession of a controlled dangerous substance. In an unpublished decision, the court decided to reverse the revocation of his suspended sentences and return the case for further proceedings. One judge dissented. In the original case, the appellant pleaded guilty to three counts involving illegal drugs. The judge sentenced him to several years in prison but suspended the sentences with conditions, including not using drugs or not violating any laws. Later, the state asked to revoke his suspended sentences because he was arrested for new drug-related crimes. The state claimed he broke the terms of his probation. During a hearing, the appellant's probation officer testified but did not have direct evidence against the appellant, like a confession or firsthand knowledge, which led to questions about the evidence's reliability. The judge revoked the appellant's probation, but the appeals court found the evidence insufficient to support this decision. They explained that the state did not provide enough solid proof that the appellant committed new crimes and emphasized the importance of the right to confront witnesses when proving probation violations. As a result, the court reversed the revocation decision and ordered the case to be sent back for further proceedings.

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C-2004-739

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In OCCA case No. C-2004-739, Billy Jack Brown, Jr. appealed his conviction for Attempt to Manufacture the Controlled Dangerous Substance Methamphetamine and/or Amphetamine, Child Endangerment, and Possession of a Controlled Dangerous Substance Methamphetamine or Amphetamine. In an unpublished decision, the court decided to grant his petition for a writ of certiorari and remand the case for a new hearing on his application to withdraw his plea. One member of the court dissented. Billy Jack Brown pleaded no contest to three charges related to drugs and child endangerment. He was given a long prison sentence and a large fine. After some time, Brown wanted to change his plea. He said he felt pressured to plead guilty, claiming his lawyer told him if he didn’t, his wife wouldn’t be accepted into Drug Court. Brown said he didn't agree with his lawyer on many things and felt that it was hard for him to make a good decision about his plea. During a hearing about his request to change his plea, his lawyer said he was unsure about how to proceed because he couldn’t recommend that Brown change his plea. The court found that because Brown and his lawyer had a conflict of interest, he did not receive effective help, which is a right every person has. The court decided that Brown should have a new hearing so he could properly address his reasons for wanting to withdraw his plea. The decision was made to let Brown have this chance, and the appeals court ordered that the case be sent back for a new hearing to properly look at his request. One judge disagreed with this decision, saying that Brown's statements about being coerced were not supported by the evidence and that he had made a voluntary plea.

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F-2003-991

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In OCCA case No. F-2003-991, James Preston Ray, Sr., appealed his conviction for manufacturing methamphetamine. In a published decision, the court decided that while Ray's conviction and life imprisonment sentence were affirmed, the $50,000 fine imposed was vacated. One judge dissented regarding the vacation of the fine. The case was about Ray being found guilty of making methamphetamine after a trial where the jury heard evidence about his prior felony convictions. Ray argued that he did not get a fair trial due to several problems with how the trial was handled. He listed eight points of error. One major point was that he believed the jury was incorrectly told about the punishments they could give him. He also argued that the court should not have let evidence of his previous convictions be shown to the jury and that this influenced their decision unfairly. Ray claimed that the evidence of his guilt was not strong enough, and he thought the fine he was given was too high. He also said that all the mistakes made together took away his chance for a fair trial. The court reviewed these claims. They specifically looked at his concerns about the instructions the jury received regarding punishment. They noted that Ray was charged under a law that set his punishment between seven years and life in prison. Because Ray had prior convictions, he could be sentenced to a longer term. The law had been changed in 2002, meaning that the state could ask for both a longer imprisonment and additional fines for drug offenses. However, the state did not ask for the jury to be instructed about the fine, which led to the decision to vacate it. Ray also questioned whether the state could present the second page of the Information that listed his prior offenses, but the court ruled that he had agreed to those charges beforehand and did not raise any objections at the right times during the process. In the end, the court found that the evidence against Ray was sufficient for the conviction, and even though there were some mistakes, they did not change the trial's outcome. Therefore, his conviction and life sentence were upheld, but the fine was removed because it was not properly included in his penalty based on the law at the time. One judge, however, believed that the fine should not have been removed, stating that the changes made by the legislature allowed for both a longer sentence and a fine.

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F-2004-198

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In OCCA case No. F-2004-198, Clonnie A. Layman appealed his conviction for trafficking in illegal drugs (methamphetamine) and driving under the influence of alcohol. In a published decision, the court decided that Layman was entitled to a new trial because the trial court made a mistake by allowing the exclusion of a minority juror without a valid reason. One judge dissented.

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