Okla. Stat. tit. 63 § 2-402 Archives - Page 5 of 5

F-2001-1517

Post author:Staff
Post published:October 24, 2002
Post category:F

In OCCA case No. F-2001-1517, Paul Nathan Johnson appealed his conviction for multiple counts related to drug offenses, including Attempt to Manufacture Methamphetamine and Possession of Methamphetamine Within 1000 Feet of a School. In an unpublished decision, the court decided to affirm Johnson's convictions and sentences but vacated the fine imposed for one of the charges. One judge dissented. The case involved Johnson being found guilty of trying to make methamphetamine and having it near a school. He was also charged with having a gun while committing these crimes and having tools used for drug-making. The trial judge gave Johnson a long sentence and hefty fines based on the jury's recommendations. Johnson raised several complaints in his appeal. First, he argued that being convicted for both trying to make meth and having it near a school was unfair. The court decided that both charges were different enough that he could be found guilty of both without it being double punishment. Next, Johnson claimed there wasn't enough proof that he had a gun ready to use while making drugs. However, the court found that there was enough evidence showing he had the gun where he could easily get to it. Johnson also argued that he didn't really start making meth yet. The court disagreed and stated that the evidence showed he was past just planning and was actively attempting to make the drug. Finally, Johnson felt that his sentences were too harsh. The court decided that the judge acted within their rights in giving Johnson the sentences and fines, except for one fine, which they deemed not allowed by the law. In the end, the court confirmed most of Johnson's convictions and sentences but removed the extra fine related to one of the charges.

F-2001-231

Post author:Staff
Post published:June 12, 2002
Post category:F

In OCCA case No. F-2001-231, Mark Eugene Smith appealed his conviction for Attempted Manufacture of Methamphetamine, Driving under Suspension, Possession of a Controlled Drug, and Possession of a Precursor Substance Without a Permit. In a published decision, the court decided to affirm the convictions and sentences on the charges of Attempted Manufacture of Methamphetamine, Driving under Suspension, and Possession of a Controlled Drug. However, the court reversed and dismissed the conviction for Possession of a Precursor Substance Without a Permit and the related fine. One judge dissented.

F-2001-352

Post author:Staff
Post published:April 12, 2002
Post category:F

In OCCA case No. F-2001-352, Virgil Clayton Rose appealed his conviction for several crimes, including the manufacture and possession of methamphetamine, possession of a precursor substance, possession of a firearm while committing a felony, and concealing stolen property. In a published decision, the court found that some of these convictions violated rules against being punished twice for the same crime. The court agreed with the appeal and reversed the convictions for possession of methamphetamine and the precursor substance. The court modified the sentence for possession of a firearm while committing a felony to five years. One judge disagreed with the decision on certain points but agreed with the overall outcome.

F-2001-336

Post author:Staff
Post published:April 12, 2002
Post category:F

In OCCA case No. F-2001-336, Roger Allen Eddy, Jr. appealed his conviction for manufacturing methamphetamine, possession of a precursor substance, possession of methamphetamine, and possession of a firearm while committing a felony. In an unpublished decision, the court decided to affirm his conviction for manufacturing methamphetamine, reverse his convictions for possession of a precursor substance and possession of methamphetamine, and modify his sentence for possession of a firearm to five years. One member of the court dissented.

F-2000-483

Post author:Staff
Post published:December 3, 2001
Post category:F

In OCCA case No. F-2000-483, Debra Gorrell appealed her conviction for several drug-related crimes. In a published decision, the court decided to reverse one of Gorrell's convictions but affirmed the others. One judge dissented. Debra Gorrell was found guilty of crimes including unlawful possession of methamphetamine with intent to distribute, and other drug-related charges. She was sentenced to a total of many years in prison. During her appeal, Gorrell raised several arguments against her convictions. Gorrell argued that the court shouldn't have allowed evidence about her past crimes. She also said she was punished too many times for the same actions and claimed that part of the law used against her was unfair. She disputed the evidence stating she had methamphetamine in front of a child, claimed the testimonies used against her weren't reliable, and said the jury wasn't properly instructed about the crimes. The court reviewed all arguments and found that most of Gorrell's claims did not hold up. They decided that the evidence against her was strong enough for the other convictions. However, they found that Gorrell's conviction for maintaining a dwelling for drug use was not fair, and this conviction was reversed. In the end, the court upheld her other convictions but ordered a new trial for the one related to maintaining a dwelling for drug use.

F-2000-1308

Post author:Staff
Post published:October 26, 2001
Post category:F

In OCCA case No. F-2000-1308, Recil Gravitt appealed his conviction for Distribution of a Controlled Dangerous Substance, Maintaining a Dwelling for Drugs, and Possession of a Controlled Dangerous Substance in the Presence of a Minor. In an unpublished decision, the court decided to affirm the convictions, but modified the fine on Count I to $10,000. One judge dissented.

F-2000-1304

Post author:Staff
Post published:October 10, 2001
Post category:F

In OCCA case No. F-2000-1304, Michael Renee Powell appealed her conviction for manufacturing controlled dangerous substances (CDS), unlawful possession of methamphetamine, maintaining a place for keeping and selling drugs, and unlawful possession of paraphernalia. In an unpublished decision, the court decided to reverse and dismiss the conviction for manufacturing CDS due to insufficient evidence. It noted that the conviction for maintaining a place for keeping and selling drugs would be modified to a misdemeanor instead of a felony. The court affirmed the convictions for the other counts. One judge dissented regarding the reversal of the manufacturing charge, believing there was enough evidence to uphold that conviction.

F-2000-991

Post author:Staff
Post published:October 2, 2001
Post category:F

In OCCA case No. F-2000-991, Tammy Renee Baldwin appealed her conviction for possession of a controlled and dangerous substance (methamphetamine) and possession of a controlled and dangerous substance (marijuana). In an unpublished decision, the court decided to reverse the conviction for the marijuana charge and affirmed the conviction for methamphetamine. One judge dissented. Tammy Baldwin was found guilty of possessing both methamphetamine and marijuana in Oklahoma. The jury sentenced her to 20 years in prison for methamphetamine and 1 year in jail for marijuana, and the sentences were to be served one after the other. Baldwin raised several points in her appeal. First, she argued that her two convictions violated the double jeopardy rule, which means you can’t be punished more than once for the same offense. She believed that because both drugs were found in the same place, it should be treated as one act. Second, she claimed her rights were violated because the judge had already decided to give her consecutive sentences if she was found guilty, which she felt was unfair. Third, Baldwin thought the judge made a mistake by not letting the jury hear her side of the story, specifically by refusing to give instructions about circumstantial evidence. Fourth, she argued that the evidence obtained from her purse should not have been allowed in the trial because it violated her rights against illegal searches. Lastly, she felt that all these errors combined made the trial unfair, which denied her due process. After looking closely at Baldwin’s case, the court agreed that the two convictions for possession were wrong because they were based on the same act of possession. The court decided that having both drugs in one place meant she could only be charged with one count of possession, not two. Due to this, they reversed the marijuana conviction but kept the methamphetamine conviction and the 20-year prison sentence. The judge's other points were either not decided or did not matter because of this main decision about the double jeopardy issue. The final outcome was that Baldwin's sentence for methamphetamine stayed, but the marijuana charge was dismissed, meaning she didn’t have to serve time for that. One judge disagreed with the majority decision.

F-2000-1163

Post author:Staff
Post published:September 27, 2001
Post category:F

In OCCA case No. F-2000-1163, Byrin Carr appealed his conviction for unlawful delivery of a controlled dangerous substance (cocaine base). In an unpublished decision, the court decided to modify Carr's convictions. One judge dissented. Byrin Carr was found guilty by a jury of two counts related to selling cocaine near a school and public housing. The judge sentenced him to ten years in prison for each count, plus fines. However, Carr argued that the court made mistakes during his trial. One of the key points was that Carr wanted the jury to hear about entrapment. This means he believed he was tricked into committing the crime by police. The court agreed that this important point should have been shared with the jury. Because of this mistake, the court changed Carr's convictions. Now, instead of being convicted of delivery, Carr was found guilty of possessing cocaine near a school and just possession of cocaine in general. His new sentence was reduced to five years for each conviction, to be served one after the other. While most of the judges agreed with this decision, one judge dissented. This dissenting judge believed that instead of changing the convictions, the case should be sent back for a new trial to address the mistakes made. Overall, the case highlighted the importance of fair instructions to the jury and how mistakes in court can lead to changes in sentences or corrections in charges.

F-2000-880

Post author:Staff
Post published:September 19, 2001
Post category:F

In OCCA case No. F-2000-880, the appellant appealed his conviction for possession of marijuana. In an unpublished decision, the court decided to modify the appellant's sentence from ten years to seven years imprisonment. One judge dissented, stating that the error did not amount to plain error and that he would not modify the sentence.

F-2000-1313

Post author:Staff
Post published:August 31, 2001
Post category:F

In OCCA case No. F-2000-1313, Robert Guy Wisner appealed his conviction for attempting to manufacture a controlled dangerous substance, unlawful possession of a controlled drug, and unlawful possession of marijuana. In a published decision, the court decided to affirm the judgment and sentence for the conviction of attempting to manufacture a controlled dangerous substance and unlawful possession of marijuana, but reversed the conviction for unlawful possession of a controlled drug, instructing to dismiss that count. One judge dissented.

F-2000-796

Post author:Staff
Post published:June 20, 2001
Post category:F

In OCCA case No. F-2000-796, Ronald Phipps appealed his conviction for attempting to manufacture methamphetamine, possession of methamphetamine (as a subsequent offense), possession of marijuana, and possession of drug paraphernalia. In an unpublished decision, the court decided to vacate the $1,000 fine for the possession of marijuana but affirmed all other convictions and sentences. One judge dissented on the issue of the fine.

F 2001-434

Post author:Staff
Post published:March 21, 2001
Post category:F

In OCCA case No. F 2001-434, the appellant appealed his conviction for multiple drug-related charges. In an unpublished decision, the court decided to reverse and dismiss some of the charges while affirming others. One judge dissented regarding the dismissal of a particular charge. William Forrest Mondier was found guilty of attempting to make drugs, possessing drugs, and allowing a place for drug users. The court looked at his case and found mistakes in how the jury was instructed regarding one of the charges. Because the jury didn't have the right information, they couldn't properly decide if Mondier had acted knowingly or intentionally when maintaining a place used for drugs. Therefore, that conviction was reversed. The court also found that Mondier's possession of marijuana and methamphetamine was too similar to keep both convictions, so they reversed one of them. However, his other convictions, including drug manufacturing and possession of drug paraphernalia, remained in place, as there was enough evidence against him for those charges. There were also several arguments raised by the appellant about the fairness of his trial and the enforcement of laws regarding the charges, but the court denied those claims. The final decision was to reverse and dismiss the charge of maintaining a place for drug users and the marijuana charge. The convictions for attempting to manufacture drugs and possessing paraphernalia were affirmed. One judge disagreed with the dismissal and wanted a new trial instead.

F 2000-341

Post author:Staff
Post published:March 20, 2001
Post category:F

In OCCA case No. F 2000-341, Cortez Lamont Franklin appealed his conviction for Possession of a Controlled Dangerous Substance (Cocaine Base). In an unpublished decision, the court decided to reverse the conviction. One judge dissented. Cortez Franklin was found guilty after a trial in Oklahoma County. The jury sentenced him to twenty years in prison. He appealed, arguing that the trial court should have excluded evidence found during his arrest, claiming it violated his rights under the Fourth Amendment. He also said the evidence was not enough to prove he had the drugs. The appellate court looked at the reasons for stopping Franklin. The judges found that the police did not have reasonable suspicion when they detained him. Because Franklin's detention was considered unreasonable, they stated that the drugs found during this unlawful detention could not be used as evidence. Since there was no valid evidence left to support his conviction, the court reversed the trial court's decision, meaning Franklin's case was sent back with instructions to dismiss the charges against him. They did not need to discuss Franklin's second point about the sufficiency of the evidence.

F-1999-1260

Post author:Staff
Post published:January 3, 2001
Post category:F

In OCCA case No. F-99-1260, Carl Ray Holmes appealed his conviction for unlawful manufacture of methamphetamine, unlawful possession of methamphetamine with intent to distribute, and unlawful possession of marijuana. In an unpublished decision, the court decided to affirm the convictions for the first two counts but reversed the marijuana possession conviction, ordering a new trial for that count. One judge dissented regarding the second count, suggesting it should be dismissed due to double jeopardy concerns.