Okla. Stat. tit. 21 § 540 Archives - Page 2 of 2

F-2006-113

Post author:Staff
Post published:March 28, 2007
Post category:F

In OCCA case No. F-06-113, Brown appealed his conviction for drug trafficking and other charges. In a published decision, the court decided to affirm the convictions related to drug trafficking and possession with intent to distribute but reversed the conviction for possession of MDMA with intent to distribute, ordering it dismissed. One judge dissented regarding the dismissal of the MDMA possession charge. Brown was on trial for three main charges: trafficking in illegal drugs (crack cocaine), possession of MDMA with intent to distribute, and eluding a police officer. He was sentenced to life in prison without parole for trafficking, along with fines for the other charges. The case started when Brown led police on a car chase. During the chase, he threw out a bag that was later found to contain crack cocaine and MDMA pills. Brown argued that the trial court made mistakes, including not allowing him a continuance to prepare for trial after he decided to represent himself. The court noted that Brown had a long time to prepare since the case had been ongoing for two years and had already received several continuances. When he asked for a delay on the morning of the trial, it was denied since Brown had indicated he wanted to proceed. He also argued that he should have been given a lesser charge of possession with intent to distribute instead of trafficking. However, since he had over 16 grams of crack cocaine, which met the requirements for trafficking, the court did not agree with this. In another point, Brown claimed that having charges related to two different drugs was unfair and violated laws against double punishment for the same act. The court agreed that both drugs were in one bag and thus counted as a single act, leading them to reverse the MDMA conviction. Brown complained about the removal of a juror who was an intern for the public defender's office, claiming it was unjust. The court found that the trial judge acted properly to ensure an unbiased jury since the intern had worked with Brown's attorney. Lastly, Brown argued that his life sentence was harsh and that he was not allowed to present evidence in his favor during sentencing. However, the court pointed out that presenting such evidence is not a right in non-capital cases. Overall, the court upheld most of the trial's decisions while acknowledging a legal distinction that warranted the dismissal of the MDMA charge. One judge disagreed, feeling the convictions were justified and should stand.

F-2005-557

Post author:Staff
Post published:December 5, 2006
Post category:F

In OCCA case No. F-2005-557, Larry Eugene Wright appealed his conviction for robbery with a firearm, possession of a firearm after a felony conviction, possession of a firearm with an altered serial number while committing a felony, and obstructing an officer. In an unpublished decision, the court decided to affirm his convictions for robbery with a firearm, possession of a firearm with an altered serial number, and obstructing an officer, but reversed his conviction for possession of a firearm after a felony conviction. One judge dissented.

F-2004-1226

Post author:Staff
Post published:May 1, 2006
Post category:F

In OCCA case No. F-2004-1226, Anthony Jerome Johnson appealed his conviction for multiple crimes, including felony eluding an officer, obstructing an officer, and robbery with a firearm. In a published decision, the court decided to affirm his convictions for eluding an officer and robbery with a firearm, but reversed the conviction for obstructing an officer, with instructions to dismiss that charge. One judge dissented regarding the reversal of the obstruction charge. The case stemmed from an incident where Johnson carjacked a woman’s car and fled from police after they initiated a traffic stop. During his escape, he ran numerous stop signs and caused danger to others on the road. Following a high-speed chase, he crashed the car and then ran on foot, trying to evade capture from arresting officers. At trial, Johnson was found guilty and sentenced to several years in prison as well as a fine for the offenses committed. On appeal, he argued four points. First, he claimed that the charges against him violated protections against double jeopardy, stating that the actions he took should not be counted as separate crimes since they arose from one act of fleeing. Second, he contended that evidence for felony eluding was not sufficient, suggesting the situation warranted a lesser charge. Third, he asserted that there was insufficient evidence for the armed robbery conviction. Lastly, he believed inconsistencies in the victim’s testimony supported reducing his sentence. The court, after reviewing the case thoroughly, determined that the convictions and sentences for eluding and robbery were valid. The court found sufficient evidence supporting these convictions, including testimony from eyewitnesses and evidence that directly linked Johnson to the robbery. However, they agreed with Johnson's argument regarding the obstructing charge, concluding both his car and foot chases should be treated as one continuous act of fleeing, therefore only allowing the conviction for eluding. In the end, the court affirmed the convictions for eluding an officer and robbery but instructed that the obstruction charge be dismissed. The dissenting opinion expressed a different view on the obstruction charge, arguing that Johnson's actions could be considered separate acts deserving of distinct charges.

C-2004-850

Post author:Staff
Post published:November 30, 2005
Post category:C

In OCCA case No. C-2004-850, the petitioner appealed her conviction for five crimes. In a published decision, the court decided to deny the appeal for most of the convictions, but they did reverse and dismiss one misdemeanor count. One judge dissented.

M-2002-1195

Post author:Staff
Post published:August 10, 2004
Post category:M

In OCCA case No. M-2002-1195, Anita Shank appealed her conviction for Driving Under the Influence, Transporting an Open Container of Beer, and Obstructing an Officer. In a published decision, the court decided to affirm her convictions for Transporting an Open Container and Obstructing an Officer, but modified her Driving Under the Influence conviction to Driving While Impaired and remanded the case for sentence modification. One judge dissented. Anita Shank was found guilty of driving under the influence of alcohol, transporting open containers of beer, and obstructing an officer during her trial. She received a 90-day sentence for driving under the influence and fines for the other two charges. Shank contested her convictions on several grounds, claiming the evidence was insufficient and arguing errors regarding jury instructions and sentencing. During the trial, it was noted that Shank was stopped by a sheriff's deputy while she was driving and had an open container of beer in her car. The deputy observed signs of intoxication, like bloodshot eyes. Shank admitted to drinking two beers but refused to take a breathalyzer test. When questioned about the whereabouts of her child, she lied and was uncooperative. The court found that there was enough evidence to support her conviction for driving under the influence but acknowledged that the jury should have been instructed on the possibility of a lesser offense—Driving While Impaired. The state agreed that not instructing on this was an error, although they deemed it harmless. Additionally, Shank argued the trial court should have considered a suspended sentence for her. The record did not show that the court completely ignored this request, but the judge did express a need for proof of her willingness to enter treatment for alcohol issues. After the appeal, it was revealed that Shank completed the treatment program, prompting the court to order the lower court to consider this when evaluating her suspended sentence request. The court upheld the obstruction conviction, stating that her deliberate lies and refusal to cooperate with the deputy interfered with the execution of his duties, which constitutes sufficient grounds for the charge. In conclusion, while Shank's obstruction of an officer and open container convictions were affirmed, her DUI was modified to a lesser charge of DWI, and the court directed the district court to revisit her request for a suspended sentence.

C-2002-1136

Post author:Staff
Post published:July 22, 2003
Post category:C

In OCCA case No. C-2002-1136, the Petitioner appealed his conviction for Possession of a Stolen Vehicle and Eluding a Police Officer. In a published decision, the court decided to grant the petition in part, vacating the trial court's order regarding restitution and remanding for a restitution hearing. One Judge dissented.

F-2002-484

Post author:Staff
Post published:March 3, 2003
Post category:F

In OCCA case No. F-2002-484, Kevin Eddy Bumgarner appealed his conviction for First-Degree Arson and Attempting to Elude a Police Officer. In a published decision, the court decided Bumgarner’s sentence was excessive and modified it from 275 years to 45 years imprisonment. One judge dissented, stating that the original sentence reflected the jury's view of Bumgarner's actions.

F 2001-465

Post author:Staff
Post published:June 4, 2002
Post category:F

In OCCA case No. F 2001-465, Tashiro Rudy Tillman appealed his conviction for Unlawful Possession of a Controlled Drug with Intent to Distribute and Obstructing an Officer. In a published decision, the court decided to affirm the conviction on the drug charge but vacated the sentence for that charge, requiring resentencing. The conviction for obstructing an officer was upheld. One judge dissented.