F-2017-950
In OCCA case No. F-2017-950, Terry Lyn Elkins appealed his conviction for Possession of Methamphetamine and Resisting an Officer. In an unpublished decision, the court decided to affirm the convictions but remand for resentencing on the possession count. One judge dissented. Terry Lyn Elkins was found guilty by a jury for having methamphetamine and for resisting a police officer. He was sentenced to 40 years in prison for the drug charge and fined $500 for resisting the officer. The jury did not find him guilty of assaulting a police officer. Elkins argued that the trial was unfair because the jury saw evidence that was not relevant to his case, which might have affected their decision about his punishment. The evidence included a document from the Department of Corrections that had many details about Elkins’ past, including other crimes he committed many years ago. Some of this information was not needed for the current case and could have made the jury think more negatively about him. The judges decided that while the evidence showing Elkins’ past convictions was correctly used, parts of the additional information were not relevant and should not have been presented to the jury. They believed that this extra information could have influenced how the jury decided on the punishment. Therefore, they decided to keep the convictions as is, but send the case back to lower court for a new review of his punishment for the meth charge. In a separate opinion, a judge agreed with keeping the conviction but believed that sending the case back for resentencing was not necessary since Elkins did not receive the maximum punishment possible.