F-2003-1266

  • Post author:
  • Post category:F

In OCCA case No. F-2003-1266, James Michael Hudson appealed his conviction for multiple crimes, including manufacturing methamphetamine and unlawful possession of a firearm. In a published decision, the court decided to affirm his convictions but modified his sentences to be served concurrently rather than consecutively. One judge dissented on the sentencing issue. Hudson was found guilty of five charges related to drug manufacturing and possession, among others. He was sentenced to a total of over twenty years in prison, which he appealed, arguing that some of his convictions should not stand, and that he did not receive fair treatment during his trial. The court reviewed his claims one by one. They found that the law allowed him to be convicted for both manufacturing and possessing methamphetamine. The search of his home, which was supposed to be within the law, was ruled proper. It was also concluded that Hudson’s statements to police were made without pressure, which meant they were valid as evidence. When looking at the amount of evidence presented at trial, the court determined there was enough for the jury to find him guilty of all counts. They acknowledged that Hudson’s attorney made a mistake by not asking for a new judge who had shown bias against Hudson in a public statement. However, the court believed this did not affect the jury’s decision regarding guilt. Regarding the issue of whether evidence of other crimes should be admitted, the court decided the evidence was related to the charges against Hudson and was rightfully included in the trial. In conclusion, while Hudson's convictions were upheld, the court changed his sentences to be served at the same time, which means he would spend less time in prison overall. The judges agreed on most points, but one judge had a different opinion about the sentencing.

Continue ReadingF-2003-1266

F 2003-1078

  • Post author:
  • Post category:F

In OCCA case No. F 2003-1078, Joseph Lee Rick Knight appealed his conviction for endeavoring to manufacture a controlled dangerous substance (methamphetamine). In an unpublished decision, the court decided to affirm the conviction and sentence. However, it ordered a remand to the District Court of Creek County to vacate certain costs associated with the charges for which Knight was acquitted or not prosecuted. One judge dissented. Joseph Knight was found guilty after a bench trial, which means there was no jury, and the judge made the decision. The trial took place over several days, and Knight was sentenced to twenty years in prison, with nine years to be served and the rest suspended. Knight argued four main points in his appeal. First, he said that his arrest and the search of his home were not done lawfully. The court disagreed, stating that the search was allowed because Knight's wife gave permission, meaning the police did not need a warrant. Secondly, Knight claimed that he did not truly understand what it meant to give up his right to a jury trial. The court found that he had given up this right knowingly, so this point was also denied. The third point Knight made was that he could not cross-examine his co-defendant, whose statements were used against him. The court decided this was not a problem because the judge said those statements would only be considered for the co-defendant. Lastly, Knight believed that his sentence was too harsh. The court said the sentence was appropriate based on the laws and did not seem unfair. In summary, the court upheld Knight's conviction and kept his sentence the same but ordered some of the costs to be canceled because he was not convicted on all charges.

Continue ReadingF 2003-1078

J-2004-149

  • Post author:
  • Post category:J

In OCCA case No. J-2004-149, a juvenile, referred to as #x, appealed his conviction for possession of a controlled dangerous substance (methamphetamine) and possession of drug paraphernalia. In a published decision, the court decided to affirm the juvenile court's order certifying #x as an adult for possession of methamphetamine but vacated the certification regarding possession of drug paraphernalia. The opinion was agreed upon by all judges, with none dissenting. The case starts with #x being about seventeen years old when he was charged with having methamphetamine and paraphernalia related to drugs. The state wanted to treat #x as an adult, so they asked the court to certify him. After a hearing, the judge decided that #x should indeed be tried as an adult for both charges. #x then appealed the decision, claiming several things were wrong. First, he believed the court made a mistake when it didn't throw out the evidence found on him. #x argued that this evidence was obtained through an unreasonable search, which is not allowed. However, the court found that the police officer had a good reason to search him because of how #x was acting. Thus, the court allowed the evidence to be used. Next, #x argued that the judge shouldn't have decided that he couldn’t be helped or rehabilitated in the juvenile system. The court looked at #x's history and found that he had been in trouble before, had problems with drugs, and was close to turning eighteen. Given these facts, the court agreed with the judge's decision to certify #x as an adult because they felt that #x might not improve in the juvenile system. Finally, #x claimed his lawyer didn’t help him properly, saying the lawyer should have asked for more time to prepare for the hearing and should have provided more evidence on his behalf. However, the court decided that #x did not show how this would have changed the outcome and that these claims were not enough to prove the lawyer was ineffective. In the end, the court decided to allow the charge of possession of methamphetamine to be treated as an adult crime, but they said that the charge for possession of drug paraphernalia should not be. Thus, they upheld part of the decision but overturned part of it too.

Continue ReadingJ-2004-149

F 2002-1540

  • Post author:
  • Post category:F

In OCCA case No. F 2002-1540, Steven Edward Noble appealed his conviction for aggravated manufacturing of methamphetamine, possession of a precursor substance, and possession of a firearm while committing a felony. In an unpublished decision, the court decided to reverse and modify his conviction for aggravated manufacturing to manufacturing less than fifty grams of methamphetamine, reducing the sentence to twenty-five years and a $50,000 fine. The sentence for possession of a firearm was modified to twenty years. However, the conviction for possession of a precursor substance was affirmed.

Continue ReadingF 2002-1540

F-2003-336

  • Post author:
  • Post category:F

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.

Continue ReadingF-2003-336

F-2002-1561

  • Post author:
  • Post category:F

In OCCA case No. F-2002-1561, Joe Edward Stratmoen appealed his conviction for Unlawful Possession of a Dangerous Drug and Possession of a Weapon While Committing a Felony. In an unpublished decision, the court decided to affirm the life sentence for the drug charge but modified the sentence for the weapons charge to two years. One judge dissented. Stratmoen was found guilty of having methamphetamine and a weapon during a crime. He was originally sentenced to a long prison term. However, he argued that he did not agree to a key part of his sentencing, which led to a re-sentencing trial being ordered. At this new trial, the jury decided he should have a life sentence for the drug charge and a ten-year sentence for the weapon charge. Stratmoen’s appeal brought up several points. He said the court shouldn’t have let a jury re-sentence him just for this non-death penalty case. He also argued that he never truly agreed to his earlier convictions being used against him before. Stratmoen claimed that testimony from police officers during his trial was unfair and that the way the prosecutor spoke about parole led to a wrong verdict. Lastly, he felt that a life sentence for having drugs was too harsh for his situation. After looking at everything, the court thought that Stratmoen's sentence for possessing a weapon should be reduced to two years since it couldn’t be increased further. They agreed that the trial court was right in letting a jury examine whether he had prior convictions but pointed out that they had to correct some details about his life sentence, making sure it indicated he could be eligible for parole. In conclusion, while his life sentence was upheld, it was important to ensure that the legal documents accurately reflected the possibility of parole, providing him with a fair opportunity for the future.

Continue ReadingF-2002-1561

F 2002-1035

  • Post author:
  • Post category:F

In OCCA case No. F 2002-1035, Russell DeWayne Dykes appealed his conviction for Assault and Battery on a Police Officer, Possession of a Controlled Dangerous Substance (Methamphetamine), and Possession of a Controlled Dangerous Substance without a Tax Stamp Affixed. In an unpublished decision, the court decided to affirm the convictions but modify some of the sentences. One judge dissented. Dykes was found guilty after a bench trial. The trial was held before a judge who decided his fate. Dykes received six years of imprisonment for each of the three counts. These sentences were supposed to run at the same time. Dykes argued several issues in his appeal. First, he said that the evidence against him wasn't handled properly, which made it less reliable, and that he did not get a fair trial because of that. Second, he claimed that the evidence presented by the State did not clearly show that he had the controlled substance, meaning he shouldn’t have been convicted for that crime. Third, Dykes believed that the judge gave him sentences that were longer than the law allowed. He asked for the sentences to be changed or at least reduced. He also thought the judge should have lowered his sentence based on what was said during an earlier part of the trial. Lastly, he argued that the combined effect of all these issues led to an unfair trial. After looking closely at all of Dykes' claims and the court documents, the judges decided that Dykes did not have a strong enough argument about the chain of evidence. They believed that even though Dykes raised questions about how the evidence was handled, there was still enough proof for a reasonable person to believe he was guilty. The court also agreed that although the sentences were initially longer than what was allowed, the errors could be fixed. They decided to lower the sentences: for the assault charge, Dykes would serve five years instead of six, and for the possession charge without a tax stamp, the court changed it to two years. In conclusion, the court affirmed that Dykes was guilty and solidified the evidence used, but they modified two of his sentences to fit what the law allowed.

Continue ReadingF 2002-1035

F-2002-690

  • Post author:
  • Post category:F

In OCCA case No. F-2002-690, Lonny Boyd Jones appealed his conviction for multiple crimes, including assaulting a police officer and aggravated trafficking in methamphetamine. In an unpublished decision, the court decided to reverse one count against him, affirm the others, and reduce his sentence for aggravated trafficking. One judge dissented. Lonny Boyd Jones was tried in Grady County District Court and found guilty of several charges. He received sentences of five years for assaulting a police officer, two years for possessing a firearm after being convicted of a felony, one year with a fine for resisting an officer, and 35 years plus a fine for trafficking methamphetamine. After his conviction, Lonny appealed the decision, arguing many points, including issues with the arrest warrant, double jeopardy, hearsay evidence, and the effectiveness of his counsel. The court reviewed his claims. They found that the arrest warrant was valid despite not being signed properly. Therefore, Lonny's claim regarding the warrant did not hold. They also decided that his conviction for resisting a police officer was too similar to the assault charge, so that conviction was reversed. Regarding the hearsay evidence and jury instructions, the court found that they did not significantly affect the trial's outcome, and his request for instructions on lesser offenses or defenses was denied because the evidence supported his guilt for the charges he faced. Additionally, the court upheld the introduction of a letter he wrote, agreeing that it was authentic. They dismissed claims of prosecutorial misconduct as the comments made during the trial were fair and justified by the evidence. The court acknowledged that the sentencing instructions were mistaken and modified his sentence for trafficking methamphetamine, reducing it from 35 years to 30 years without a fine. In the end, the court's decision affirmed most of Lonny's convictions, changed one, and modified his sentence.

Continue ReadingF-2002-690

F 2002-809

  • Post author:
  • Post category:F

In OCCA case No. F 2002-809, the appellant appealed his conviction for trafficking in illegal drugs and possession of a firearm while committing a felony. In a published decision, the court decided to reverse the conviction. One judge dissented. Russell Andrew Doza was found guilty of trafficking in methamphetamine and possessing a firearm during a felony. The trial took place in Logan County, where the judge sentenced him to ten years in prison for the drug charge and two years for the firearm charge. The sentences were set to be served at the same time. The main point of the appeal was whether the police officers had the right to search his car. The appellant argued that the officers were outside their legal area when they conducted the search. The court agreed with him, referencing a previous case that stated police cannot perform searches outside their jurisdiction. Because the evidence used against him was obtained unlawfully, the court found there was not enough evidence to support his convictions. Therefore, they reversed the lower court's decision and instructed that the case be dismissed.

Continue ReadingF 2002-809

F 2002-1041

  • Post author:
  • Post category:F

In OCCA case No. F 2002-1041, Carlos Gomez Modesto appealed his conviction for Trafficking in Illegal Drugs (Methamphetamine and Cocaine). In an unpublished decision, the court decided to reverse and remand Count 1 with instructions to dismiss it, while affirming Count 2. One judge dissented. The case started when Modesto was found guilty in an earlier trial of trafficking both methamphetamine and cocaine. The jury decided his punishment for methamphetamine should be ten years and a fine of $50,000, and for cocaine, ten years and a fine of $25,000. However, during sentencing, the judge changed the punishment for methamphetamine to just four years, allowing both counts to run at the same time. Modesto raised several issues during his appeal, challenging the fairness of the trial. He claimed that: 1. The trial court didn't properly handle his request to dismiss the charges based on double jeopardy, which is when a person can't be tried twice for the same crime. 2. He argued that having two convictions seemed unfair, like getting punished twice for the same wrongdoing. 3. He believed that the evidence presented was not enough to support his convictions. 4. Modesto complained about the prosecutor's comments during closing arguments, suggesting they were harmful and unfair. 5. He pointed out that some decisions made by the trial court regarding evidence were wrong, which affected his right to a fair trial. After looking carefully at all the facts and arguments, the court agreed with Modesto on some points. They found that his two convictions did violate the rule against double punishment, so they decided to reverse the conviction for methamphetamine and instruct the lower court to dismiss that charge. However, they determined there was enough evidence to uphold the conviction for cocaine and decided to affirm that part. The court also recognized that the prosecutor's comparison of Modesto to a notorious criminal was inappropriate, but they concluded it wasn’t enough to change the trial's outcome. Lastly, although there were some mistakes in handling evidence, they decided those were not serious enough to affect the fairness of the trial. In summary, the court's final ruling was that Modesto's conviction for trafficking cocaine would stand, while the conviction for methamphetamine was reversed and dismissed.

Continue ReadingF 2002-1041

F-2002-233

  • Post author:
  • Post category:F

In OCCA case No. F-2002-233, Stephen Eldridge Melonakis appealed his conviction for falsely personating another. In an unpublished decision, the court decided to affirm the conviction but modify the sentence to reflect credit for time served awaiting trial. One judge dissented, arguing that the trial court's decision should have been upheld without modification.

Continue ReadingF-2002-233

RE-2002-523

  • Post author:
  • Post category:RE

In OCCA case No. RE-2002-523, Lonnie George Baker, Jr., appealed his conviction for the revocation of his suspended sentence. In a published decision, the court decided to affirm the revocation but modified the length of the sentence. One judge dissented. Baker had pleaded guilty to possessing illegal drugs and was given a five-year suspended sentence, which meant he wouldn't go to jail unless he broke the rules. However, he violated the terms of his suspension, leading the state to file a petition to revoke it. After a hearing, the judge decided that Baker had indeed broken the rules and revoked his suspended sentence. Initially, the judge announced Baker should be locked up for 4 years and 4 months. But later, Baker argued that this was incorrect because he had less time left to serve. The state agreed with him on that point. They also discussed extra time Baker spent in a mental hospital, but the court decided he wasn't entitled to credit for those days. Ultimately, the court agreed that Baker should go to jail, but they changed his sentence from 4 years and 4 months to 4 years and 90 days.

Continue ReadingRE-2002-523

F 2002-157

  • Post author:
  • Post category:F

In OCCA case No. F 2002-157, Kenneth Lee Dueitt appealed his conviction for Manufacturing a Controlled Dangerous Substance (Methamphetamine), Possession of a Precursor Substance (Red Phosphorus), Possession of a Controlled Dangerous Substance (Methamphetamine), and Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm his convictions for Manufacturing Methamphetamine, Possession of a Controlled Dangerous Substance, and Possession of Drug Paraphernalia while reversing the conviction for Possession of a Precursor Substance and remanding it for a new trial. One judge dissented on the decision regarding the reversal of Count 2.

Continue ReadingF 2002-157

RE 2002-0993

  • Post author:
  • Post category:RE

In OCCA case No. RE 2002-0993, a person appealed their conviction for unlawful possession of methamphetamine. In a published decision, the court decided to reverse the revocation of the person's suspended sentence. One judge dissented. The case started when the person pled guilty in January 2000 and was given a ten-year suspended sentence, which meant they'd stay out of prison as long as they followed certain rules. However, in July 2002, the state claimed the person broke the rules by testing positive for methamphetamine during a drug test. During the hearing to decide if the suspended sentence should be revoked, the person's probation officer said that the test showed the person had methamphetamine in their system. The person then explained they had many health problems, including severe joint issues, high blood pressure, and a history of cancer. They also used a cough syrup prescribed by a doctor, which potentially contained ingredients that could cause a positive drug test. The probation officer, when asked, said he couldn’t be sure if the cough syrup was the reason for the positive test results. Because of this uncertainty about the cause of the positive test, the court found there wasn't enough proof that the person had broken probation rules. As a result, the court reversed the previous decision to revoke the suspended sentence, meaning the person did not have to serve that part of their sentence. The court instructed the lower court to dismiss the application to revoke.

Continue ReadingRE 2002-0993

F-2002-356

  • Post author:
  • Post category:F

In OCCA case No. F-2002-356, Heidi Renee Pitt appealed her conviction for Unlawful Possession of Methamphetamine. In an unpublished decision, the court decided to reverse her conviction. One judge dissented. Heidi Pitt was found guilty by a jury of having methamphetamine. The event took place in Pushmataha County, where she had been sentenced to two years in prison, with the first six months to be served. However, she appealed this decision, arguing that there wasn't enough evidence to prove she was guilty beyond a reasonable doubt. During the trial, the state did not provide any proof that Heidi knew about the drugs or had control over them. The drugs were actually discovered when her co-defendant threw them on the ground during his arrest. Because there was no indication that Heidi had any knowledge of or control over the drugs, the court found that the evidence was not enough to support her conviction. After looking at all the evidence, the court decided that Heidi's conviction should be overturned and sent back to the lower court with instructions to dismiss the case. One judge disagreed and felt there was enough evidence to support Heidi's conviction.

Continue ReadingF-2002-356

F-2002-470

  • Post author:
  • Post category:F

In OCCA case No. F-2002-470, Dearel Oglesby appealed his conviction for Distribution of a Controlled Substance (Methamphetamine). In an unpublished decision, the court decided to affirm his conviction but modify his sentence to 20 years in prison with a $20,000 fine. One judge dissented. Dearel Oglesby was found guilty by a jury of selling methamphetamine. He was sentenced to life in prison, which he believed was too harsh. Oglesby raised four main issues in his appeal. First, he claimed that the trial allowed some evidence that should not have been included according to the state’s rules. The court found that even though one lab report was late, it was not a major issue since it didn't harm Oglesby’s case. Second, Oglesby argued that he did not get his right to a preliminary hearing, but the court found there was enough evidence to prove there might have been a crime. Third, he was concerned that the jury saw evidence about other drug sales he allegedly made, which he thought was unfair. The court noted that while some of this evidence was not really necessary, the prosecutor did not act on it inappropriately. Finally, Oglesby spoke about a witness being added during the trial, but the court felt that was handled correctly since it wasn’t a key part of the case. The judges found that Oglesby’s punishment was extreme considering the small amount of drugs involved, so they decided to reduce his sentence instead of just keeping the life sentence. This decision was met with some disagreement from one judge, who thought the evidence was relevant and that the original sentence should stay as is.

Continue ReadingF-2002-470

F-2001-1243

  • Post author:
  • Post category:F

In OCCA case No. F-2001-1243, Michael Gerald Turner appealed his conviction for multiple crimes. In a published decision, the court decided to affirm some of Turner's convictions and dismiss others. Specifically, the court upheld his convictions for Assault and Battery Upon a Police Officer, Unauthorized Use of a Vehicle, Possession of a Controlled Substance, Driving While Impaired, and Attempted Escape, but reversed and dismissed his convictions for Personal Injury DUI and DUI due to issues with evidence and double jeopardy. One member of the court dissented.

Continue ReadingF-2001-1243

F-2002-106

  • Post author:
  • Post category:F

In OCCA case No. F-2002-106, Christian Satterfield appealed his conviction for Attempted Manufacture of a Controlled Dangerous Substance (Count I), Possession of a Precursor (Count II), and Possession of a Firearm While Committing a Felony (Count III). In an unpublished decision, the court decided to affirm Counts I and III and reverse Count II with instructions to dismiss. One judge dissented. Satterfield was found guilty of attempting to make a dangerous drug and also having items that could be used to make that drug. During the trial, Satterfield's jury said he should be in prison for a total of forty-two years. The court also decided he should pay a big fine. Satterfield's lawyers argued that he shouldn’t be punished for both attempting to make a drug and having items to help make that drug because it was unfair to be punished twice for similar actions. The court agreed and decided that the conviction for having those items should be reversed. They also looked at whether some rules were followed in Satterfield's trial. They decided that even though the lawyers from the Oklahoma Bureau of Narcotics had a big role in the case, it didn’t mean Satterfield didn’t get a fair trial. They said the jury had the right instructions about punishments, despite the defense’s claims. The court found evidence used in the trial was okay and supported Satterfield's conviction for using a gun while committing a felony. In the end, Satterfield's sentences for the first and last counts of his conviction were kept, but they reversed the second count, which meant the charges for possession of a precursor were dropped. The judges all agreed on most parts of the decision, but one judge felt that the way the jury was told about the punishment wasn’t right and thought Satterfield should have received a shorter sentence based on newer laws.

Continue ReadingF-2002-106

F-2001-1517

  • Post author:
  • Post category:F

In OCCA case No. F-2001-1517, Paul Nathan Johnson appealed his conviction for multiple counts related to drug offenses, including Attempt to Manufacture Methamphetamine and Possession of Methamphetamine Within 1000 Feet of a School. In an unpublished decision, the court decided to affirm Johnson's convictions and sentences but vacated the fine imposed for one of the charges. One judge dissented. The case involved Johnson being found guilty of trying to make methamphetamine and having it near a school. He was also charged with having a gun while committing these crimes and having tools used for drug-making. The trial judge gave Johnson a long sentence and hefty fines based on the jury's recommendations. Johnson raised several complaints in his appeal. First, he argued that being convicted for both trying to make meth and having it near a school was unfair. The court decided that both charges were different enough that he could be found guilty of both without it being double punishment. Next, Johnson claimed there wasn't enough proof that he had a gun ready to use while making drugs. However, the court found that there was enough evidence showing he had the gun where he could easily get to it. Johnson also argued that he didn't really start making meth yet. The court disagreed and stated that the evidence showed he was past just planning and was actively attempting to make the drug. Finally, Johnson felt that his sentences were too harsh. The court decided that the judge acted within their rights in giving Johnson the sentences and fines, except for one fine, which they deemed not allowed by the law. In the end, the court confirmed most of Johnson's convictions and sentences but removed the extra fine related to one of the charges.

Continue ReadingF-2001-1517

F-2001-281

  • Post author:
  • Post category:F

In OCCA case No. F-2001-281, Jimmy Lee Mullins appealed his conviction for Second Degree Murder, Leaving the Scene of an Accident involving Death, and Leaving the Scene of an Accident involving Non-Fatal Personal Injuries. In a published decision, the court decided that Mullins's conviction for Leaving the Scene of an Accident involving Non-Fatal Personal Injuries should be reversed and dismissed. The court confirmed his convictions for Second Degree Murder and Leaving the Scene of an Accident involving Death. One judge dissented.

Continue ReadingF-2001-281

F-2001-352

  • Post author:
  • Post category:F

In OCCA case No. F-2001-352, Virgil Clayton Rose appealed his conviction for several crimes, including the manufacture and possession of methamphetamine, possession of a precursor substance, possession of a firearm while committing a felony, and concealing stolen property. In a published decision, the court found that some of these convictions violated rules against being punished twice for the same crime. The court agreed with the appeal and reversed the convictions for possession of methamphetamine and the precursor substance. The court modified the sentence for possession of a firearm while committing a felony to five years. One judge disagreed with the decision on certain points but agreed with the overall outcome.

Continue ReadingF-2001-352

F-2001-283

  • Post author:
  • Post category:F

In OCCA case No. F-2001-283, Timothy Dewayne Kliven appealed his conviction for Conspiracy to Manufacture a Controlled Dangerous Substance. In a published decision, the court decided to reverse Kliven's conviction with instructions to dismiss. Kliven's co-appellant, Tony Wayne Jones, also had his conviction reversed. One justice dissented. The case involved both men being found guilty of planning to make methamphetamine, but the evidence against them was not strong enough to show that they had agreed to do this crime. The evidence was mainly based on circumstantial facts, which means it didn't directly show their involvement in a conspiracy. Since there wasn't enough proof, the court ruled that their convictions should not stand.

Continue ReadingF-2001-283

C-2001-537

  • Post author:
  • Post category:C

In OCCA case No. C-2001-537, a person appealed his conviction for possession of controlled substances. In an unpublished decision, the court decided to reverse one of the counts while keeping the other counts affirmed. One judge dissented. The case began when the individual pled guilty to possessing methamphetamine, marijuana, and drug paraphernalia. The plea agreement allowed for a one-year suspended sentence if he completed a drug court program. However, he later violated the terms of this agreement by using drugs again and not attending the required sessions, leading to a longer sentence. After the court sentenced him to a total of 21 years in prison for the remaining counts, he wanted to withdraw his guilty plea. He argued he did not fully understand what he was agreeing to, specifically the length of his sentences and various conditions. In reviewing the case, the court found a significant issue with the individual's dual convictions for possessing two kinds of drugs at the same time, which they ruled could violate double jeopardy rules. They agreed with part of his appeal and reversed the conviction for possession of marijuana, while affirming the other two convictions.

Continue ReadingC-2001-537

F-2001-49

  • Post author:
  • Post category:F

In OCCA case No. F-2001-49, John Henry Throckmorton appealed his conviction for manufacturing and unlawful possession of methamphetamine. In a published decision, the court decided to affirm the conviction for manufacturing methamphetamine but reversed the conviction for unlawful possession. One judge dissented. Throckmorton was found guilty by a jury for two counts related to methamphetamine. He was sentenced to 20 years for manufacturing and 10 years for possession. However, Throckmorton argued that being convicted of both offenses was unfair because the laws say a person cannot be punished twice for the same action. The court agreed with him about the possession charge, stating that since the evidence for both charges was the same, it was wrong to convict him for both. As a result, they dismissed the possession conviction while keeping the manufacturing conviction.

Continue ReadingF-2001-49

F-2000-1634

  • Post author:
  • Post category:F

In OCCA case No. F-2000-1634, Edgar Lee Rucker, Jr. appealed his conviction for Unlawful Delivery of a Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to affirm the conviction but modify the fine imposed. One judge dissented. Rucker was found guilty by a jury for selling methamphetamine and was sentenced to twelve years in prison along with a $10,000 fine. He was acquitted of another charge related to marijuana possession. Rucker argued several points in his appeal, claiming violations of his rights during the trial. The first point raised was that it was wrong for both the drug offense and habitual offender statutes to be used in his sentencing. The court acknowledged this as an error but stated that it only affected the fine; they reduced the fine to $2,500 since it was incorrectly calculated originally. Rucker also argued that the evidence was insufficient to prove he was a habitual offender. However, the court found that the State provided enough evidence regarding his past convictions. He claimed that evidence about his previous bad behavior should not have been allowed in the trial, but the court determined it was relevant for understanding the case. Rucker believed that there was a mismatch between the charges and the evidence, but the court concluded the evidence was consistent with the allegations. Another argument was that his lawyer didn’t do a good job representing him. They noted that while the lawyer should have objected more, it didn’t significantly impact the outcome of the trial. Rucker contended that the prosecutor acted unfairly during the trial, but the court found that any mistakes made were corrected and did not deny him a fair trial. Finally, Rucker argued that all the errors combined made the trial unfair, but the court decided that the only significant error was the fine and adjusted it accordingly. In summary, the court upheld Rucker’s prison sentence but modified the fine.

Continue ReadingF-2000-1634