Okla. Stat. tit. 13 § 176.3 Archives

F 2011-858

Post author:Staff
Post published:October 5, 2012
Post category:F

In OCCA case No. F 2011-858, Jesus Ceniceros, Jr. appealed his conviction for multiple counts related to drug trafficking and distribution. In an unpublished decision, the court decided to reverse and remand two of the convictions while affirming the rest. One judge dissented. Jesus Ceniceros was tried and found guilty of eight counts involving illegal drug activities in Pottawatomie County. His charges included serious crimes like aggravated trafficking in illegal drugs, trafficking in illegal drugs, and unlawful distribution of methamphetamine. For these convictions, he received long sentences, some requiring him to serve 85% before being eligible for parole, along with hefty fines. After his trial, Ceniceros raised some points in his appeal. First, he argued that the search warrant used for police to search his home did not follow the rules set by Oklahoma law. However, the court found the warrant was good enough to let the police find the place to search without needing any extra information. Next, Ceniceros suggested that the trafficking and distribution counts should combine into one charge. He claimed he was being punished twice for the same act. The court agreed that this was a mistake and that it wasn’t fair to punish him separately for those charges because they were related to the same crime. Lastly, Ceniceros claimed that the sentences he received were too harsh. The court examined this but found the punishments were acceptable under the law and did not seem overly severe. As a result of these discussions, the court decided to throw out two of his convictions for distribution of controlled dangerous substances but kept the other convictions. The court concluded that his sentences were appropriate and upheld them, stating that the trial judge acted correctly by making the sentences run one after the other instead of at the same time. This summary highlights the main points of the case and the court’s final decisions.

C-2009-542

Post author:Staff
Post published:September 24, 2010
Post category:C

In OCCA case No. C-2009-542, Gatewood appealed his conviction for Trafficking in Illegal Drugs and Using a Telephone to Cause the Commission of the Crime of Trafficking in Illegal Drugs. In an unpublished decision, the court decided to grant Gatewood's petition for writ of certiorari, allowing him to withdraw his pleas. One judge dissented. Roscoe Curtis Gatewood, Jr. was in trouble because he was accused of selling drugs and using a phone to help with that crime. He decided to plead guilty to these charges with the advice of his lawyer. The judge gave him a long sentence. Gatewood later wanted to change his plea because he felt his lawyer had a conflict of interest. The conflict happened because both Gatewood and his girlfriend, who was also accused, were represented by lawyers from the same law firm. Gatewood's girlfriend decided to testify against him in exchange for a lighter sentence. This meant Gatewood's lawyer could not defend him as well because he was also looking out for the girlfriend's best interests. The court agreed that this was a serious problem, which unfairly affected Gatewood's case. As a result, the court allowed Gatewood to take back his guilty pleas, meaning he could go to trial instead. The decision to reverse the previous ruling was made so Gatewood could have a fair chance to defend himself. In summary, the court found that Gatewood's rights were harmed because of his lawyer's conflicting duties, and they reversed his conviction so he could have another chance in court.

F-2001-529

Post author:Staff
Post published:October 22, 2002
Post category:F

In OCCA case No. F-2001-529, Cesar Diaz, also known as Jorge Limon, appealed his conviction for conspiracy to traffic a controlled dangerous substance (marijuana) and drug trafficking (marijuana). In an unpublished decision, the court decided to affirm two of his convictions but reversed nine other counts related to using a communication facility to facilitate the commission of a felony. One judge dissented. Cesar Diaz was found guilty after a jury trial that took place in March 2001. The jury sentenced him to serve thirteen years for conspiracy to traffic marijuana, fifteen years for drug trafficking, and shorter sentences for the other counts along with fines. Diaz raised several points for appeal. He challenged the validity of his confession, claimed that he was denied a fair trial because an attorney from the Oklahoma Bureau of Narcotics acted as a special prosecutor, argued that multiple convictions for the same crimes violated double jeopardy protections, contended that evidence obtained through a wiretap was not authorized, maintained that the prosecution failed to prove the charges happened in the right location, and argued that money seized from his car should not have been used against him due to an illegal stop. The court carefully reviewed all the claims and found that sufficient evidence supported the confession being voluntary. It determined that the attorney from the Bureau of Narcotics was allowed to assist in the trial, which did not violate any rules. The court also concluded that having convictions for both conspiracy and trafficking did not violate the double jeopardy rule. However, the court agreed with Diaz’s argument on the venue issue concerning the communication facility charges. It stated that the prosecution needed to prove that the phone calls were made or received in Oklahoma County, but they failed to do so. Therefore, the counts related to using a communication facility were reversed and dismissed. In summary, the court upheld two of Diaz's convictions but ruled that the other nine were not valid due to a lack of proof regarding venue.