Okla. Stat. tit. 37 § 537(A)(7) Archives

F-2015-715

Post author:Staff
Post published:August 31, 2016
Post category:F

In OCCA case No. F-2015-715, Kevin Judd Lemons appealed his conviction for Trafficking in Illegal Drugs, After Former Conviction of Two or More Felonies, and other related charges. In an unpublished decision, the court decided to modify his sentence to seventeen years in prison and reduce his fine to $10,000.00. One judge dissented regarding how the sentence was amended. The case began with Lemons being charged for drug trafficking and related offenses. During the trial, he was sentenced to twenty-five years in prison and fined $25,000. He argued several points in his appeal, including that the search of his vehicle was illegal, and the evidence against him was insufficient. He also claimed that he received an excessive sentence and that his defense attorney did not represent him well. The court reviewed these arguments carefully. On the first point, the court found that the police did not act improperly during the traffic stop which led to the discovery of drugs and paraphernalia. The court explained that the officers were following the law during the search. Regarding the second point, the court noted that Lemons himself had admitted to his prior felony convictions, which relieved the State from having to further prove these convictions. This meant his claims about insufficient evidence for his previous felonies were not valid for the appeal. For the claim about his sentence being too harsh, the court agreed that Lemons had been sentenced incorrectly under the wrong punishment range. They adjusted the duration of his prison time downward to correct this mistake. They also ruled that the fine imposed was not appropriate under the law, which allowed them to reduce it to a lower amount. Lastly, Lemons contended that his lawyer failed to support him effectively. The court found that most of the points mentioned did not show a serious problem with the representation that would warrant further action. Overall, the court upheld Lemons' conviction but decided to make changes to both his prison time and the fine he had to pay. While most judges agreed, one judge thought that rather than changing the sentence directly, the case should be sent back for a new sentencing hearing.

S-2012-719

Post author:Staff
Post published:October 31, 2013
Post category:S

In OCCA case No. S-2012-719, Robert Brooke appealed his conviction for Driving a Motor Vehicle While Under the Influence of Alcohol and Transporting an Open Bottle or Container of Liquor. In an unpublished decision, the court decided to affirm the lower court's order deferring judgment and sentence. One judge dissented. The case began when Robert Brooke was charged with DUI and another alcohol-related offense. He entered a guilty plea but had a disagreement about whether he must serve time in jail or undergo inpatient treatment. The lower court decided to defer his sentencing for five years and found that the law requiring jail time or inpatient treatment was not enforceable in this situation. The state argued that the law clearly required jail time or inpatient treatment since it was Brooke's second DUI-related charge. However, the court explained that since a plea deal did not count as a conviction, the conditions related to jail or treatment did not apply. Instead, they found that Brooke should follow the recommendations given from his alcohol assessment, which included certain programs, rather than being required to serve time. The court looked closely at the wording of the law and decided that the terms about jail time only apply when there is a conviction. Since they did not convict Brooke but only deferred his sentencing, those specific requirements did not apply to him. The court also mentioned that while the law could be seen as constitutional, it did not matter in this case since they determined it was not applicable. Thus, they upheld the lower court's decision, allowing Brooke to complete the programs without being sentenced to time in jail. The final judgment was to affirm the decision of the District Court, allowing Brooke to follow through with the treatment required instead of serving jail time.