M-2009-1146
In OCCA case No. M-2009-1146, Ronald Dean Gallaway appealed his conviction for Driving while Impaired (Count 1). In an unpublished decision, the court decided to affirm the conviction but reversed the sentence and ordered a remand for resentencing. One judge dissented. Gallaway was tried in Texas County for two offenses: Driving while Impaired and Speeding. The jury found him guilty of the lesser offense of Driving while Impaired and decided on a sentence of six months in jail and a $500 fine for that charge, plus a $200 fine for speeding. Gallaway's appeal focused on two main issues. First, he argued that the breath test results should not have been allowed in the trial because the proper procedures for administering the tests were not followed. However, the court found that even if this was an error, it was harmless because the evidence from the trial was still strong enough to support the conviction for Driving while Impaired. The jury chose not to convict Gallaway for the more serious charge of Driving under the Influence, which would have required reliance on the breath test results. Second, Gallaway claimed that his sentence was incorrect because the court did not follow the rules regarding alcohol assessments. The law requires that an alcohol and drug assessment be done before sentencing and that the recommendations from this assessment be included as part of the sentence. The court found that while an assessment was done, the judge did not include all of the recommended conditions in the sentence. As a result, the court decided to reverse the sentence and send the case back for resentencing in accordance with the law. Gallaway was given the opportunity to request an order to suspend part of his sentence during this new hearing.