Okla. Stat. tit. 63 § 2-503.1

S-2018-164

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This document is an opinion from the Oklahoma Court of Criminal Appeals in a criminal case involving Don Arneilus Ingram. The opinion details the legal proceedings stemming from Ingram’s arrest and the subsequent suppression of evidence obtained during that arrest. **Key Points of the Case:** 1. **Charges Against Ingram**: Don Arneilus Ingram faced multiple felony charges including trafficking in illegal drugs, being a felon in possession of a firearm, and possession of proceeds from illegal drug activity, with the state alleging that these crimes were committed after previous felony convictions. 2. **Initial Detention and Arrest**: The arresting officer, Sergeant Greg Bell, initially noticed Ingram driving a vehicle with a temporary tag in a high-crime area. After observing suspicious behavior, including Ingram’s inability to identify a friend he claimed to be visiting, Sgt. Bell approached Ingram to ask questions. This led to Sgt. Bell detaining Ingram for driving without a license. 3. **Search Incident to Arrest**: Following the arrest, Sgt. Bell conducted a search of Ingram, which yielded a large amount of cash and identification. After noticing Ingram acting nervously and attempting to direct his female companion to leave, officers subsequently searched the vehicle Ingram had been driving, finding significant quantities of illegal drugs and a firearm. 4. **Motion to Suppress Evidence**: Ingram filed a motion to suppress the evidence obtained during the search, arguing that the officer lacked reasonable suspicion to stop him and that the search was therefore unlawful. 5. **District Court’s Ruling**: The district court granted Ingram's motion to suppress, determining that the initial contact was not lawful and that the subsequent search of the vehicle was unreasonable. 6. **Court of Criminal Appeals Decision**: The Oklahoma Court of Criminal Appeals reversed the district court's order. The court found that Sgt. Bell's initial interaction with Ingram was a consensual encounter and that sufficient probable cause existed for both the arrest and the search of the vehicle. **Conclusion**: The appellate court concluded that the evidence should not have been suppressed, underscoring the importance of analyzing the totality of circumstances leading to an officer’s determination of probable cause. The decision emphasizes that even behavior that seems innocent in isolation can, when viewed in context, lead to reasonable suspicion and probable cause. The court remanded the case for further proceedings. For a complete review of this case and its legal implications, interested parties can download a PDF of the full opinion.

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F-2018-104

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In OCCA case No. F-2018-104, Dameon Tyrese Lundy appealed his conviction for Possession of a Controlled Drug with Intent to Distribute. In an unpublished decision, the court decided to affirm his conviction. One judge dissented. Dameon Tyrese Lundy was found guilty by a jury in Tulsa County for having drugs and cash that suggested he intended to sell drugs. He was sentenced to sixty years in prison and had to pay a fine. He was acquitted of another charge related to money from drug sales. Lundy had two main arguments in his appeal. First, he said the trial court made a mistake by not allowing his lawyer to suppress evidence found by the police. He argued that the police did not have the right to approach him outside a bar. However, the court found that the police were allowed to speak to him in a public place and had a good reason to suspect him because they could smell marijuana and he acted suspiciously. So, they decided there was no mistake by the trial court. Secondly, Lundy claimed there wasn't enough evidence to prove that he intended to sell drugs. His defense was that the drugs were for personal use, but the court said that a reasonable jury could think that Lundy was selling drugs due to the large amount of different drugs and cash he had. This means that the evidence was enough to support his conviction. Lundy then argued that his sentence was too harsh. He pointed out that the laws changed after his crime, meaning someone charged now would face a lower maximum sentence. However, the court stated that the new laws couldn’t be applied to Lundy's case because his crime was committed before the law changed. They concluded that the sentence was proper because of his past convictions. In the end, the court upheld the original decision from the district court, meaning Lundy will have to serve his sentence.

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F-2017-147

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **BRIAN A. STALEY, Appellant,** **Case No. F-2017-147** **V.** **STATE OF OKLAHOMA, Appellee.** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA APR 25 2019** **SUMMARY OPINION** **JOHN D. HADDEN, JUDGE:** Appellant Brian A. Staley was convicted in Caddo County District Court for various drug-related offenses and possession of a firearm. He appealed, raising eleven propositions of error. **Propositions of Error:** 1. Denial of motion to suppress evidence from a warrantless search. 2. Admission of evidence concerning other controlled substances. 3. Conviction for an uncharged offense. 4. Insufficient evidence on acquiring proceeds from drug activity. 5. Insufficient evidence linking firearms to trafficking. 6. Prejudicial statements by a state trooper. 7. Improper prosecutorial arguments. 8. Insufficient evidence of knowing possession of marijuana. 9. Improper admission of irrelevant handwriting evidence. 10. Cumulative effect of errors denying a fair trial. 11. Excessive sentences. **Court Decision:** After reviewing the record, the Court affirmed Staley's convictions. **Key Findings:** - **Proposition I:** The traffic stop and subsequent consent to search were lawful, thus the motion to suppress was denied. - **Proposition II:** The evidence of other controlled substances was admissible as res gestae; hence, no abuse of discretion in its admission. - **Proposition III:** Any scrivener's error in statute citation for Count 2 did not affect substantial rights and was denied plain error review. - **Propositions IV, V, and VIII:** The evidence was sufficient for a conviction on all counts when viewed favorably to the prosecution. - **Propositions VI and VII:** Claims of evidentiary harassment and improper argument did not impede a fair trial; the trial court’s admonishments mitigated any potential prejudice. - **Proposition IX:** The handwritten note was relevant and supported the themes of trafficking and possession designed by the prosecution. - **Proposition X:** Cumulative error doctrine was not applicable as no significant errors occurred that affected the outcome. - **Proposition XI:** The sentences did not shock the conscience and were not excessive in light of the offenses committed. **Opinion of the Court:** The Judgment and Sentence of the District Court is AFFIRMED. --- **APPEARANCES:** - **For Appellant:** Albert Hoch, Norman, OK - **For Appellee:** Alan Rosenbaum, Caddo County District Attorney; Mike Hunter, Attorney General of Oklahoma; William R. Holmes, Assistant Attorney General, Oklahoma City, OK **Opinion by:** Hudson, J. **Concurrences:** Lewis, P.J.; Kuehn, V.P.J. (concurring in part/dissenting in part); Lumpkin, J.; Rowland, J. **Concurring/Dissenting Opinion by Kuehn, V.P.J.:** While I agree with the majority on other claims, I dissent regarding the admission of evidence about extraneous controlled substances and the handwritten notes. I believe such evidence was improperly admitted and could have imparted an unfair prejudice. Nonetheless, this evidence did not materially affect the trial's outcome. For a detailed opinion and further reading, access the [full opinion here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2017-147_1734273240.pdf).

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S-2016-95

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In OCCA case No. S-2016-95, the State of Oklahoma appealed the conviction for acquiring proceeds from illegal drug activity. In an unpublished decision, the court decided to affirm the ruling of the district court that granted a Motion to Suppress evidence. One judge dissented. The case began in Sequoyah County when the driver of a vehicle was stopped for speeding. During the traffic stop, the trooper checked the driver's license and vehicle documents, and after issuing a warning, asked if he could use a drug-sniffing dog on the vehicle. The driver said no and wanted to leave. Despite this, the trooper asked him to get back into the patrol car and moved ahead with deploying the dog. The drug dog found a large amount of cash hidden in the spare tire of the truck. The State appealed the decision saying that the trooper had enough reason to keep the driver there for the drug dog search. The trooper noted that the driver was very nervous, the truck was unusually clean with a strong air freshener scent, and the driver had two cell phones. When a police officer stops someone, they can only keep them there for as long as needed to handle the reason for the stop, which in this case was the speeding. The officer can extend the stop if they have reasonable suspicion that something illegal is happening, but they need solid reasons to do this. In reviewing the trooper's actions, the court looked at the overall situation, including the video from the stop, and decided that the trooper did not have enough reasonable suspicion to keep the driver longer. The factors the trooper mentioned did not add up to a valid reason for the ongoing detention. As a result, the court upheld the lower court's decision to suppress the evidence obtained from the drug dog search, meaning the cash found could not be used against the driver in court. The State’s appeal was denied.

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F 2011-858

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In OCCA case No. F 2011-858, Jesus Ceniceros, Jr. appealed his conviction for multiple counts related to drug trafficking and distribution. In an unpublished decision, the court decided to reverse and remand two of the convictions while affirming the rest. One judge dissented. Jesus Ceniceros was tried and found guilty of eight counts involving illegal drug activities in Pottawatomie County. His charges included serious crimes like aggravated trafficking in illegal drugs, trafficking in illegal drugs, and unlawful distribution of methamphetamine. For these convictions, he received long sentences, some requiring him to serve 85% before being eligible for parole, along with hefty fines. After his trial, Ceniceros raised some points in his appeal. First, he argued that the search warrant used for police to search his home did not follow the rules set by Oklahoma law. However, the court found the warrant was good enough to let the police find the place to search without needing any extra information. Next, Ceniceros suggested that the trafficking and distribution counts should combine into one charge. He claimed he was being punished twice for the same act. The court agreed that this was a mistake and that it wasn’t fair to punish him separately for those charges because they were related to the same crime. Lastly, Ceniceros claimed that the sentences he received were too harsh. The court examined this but found the punishments were acceptable under the law and did not seem overly severe. As a result of these discussions, the court decided to throw out two of his convictions for distribution of controlled dangerous substances but kept the other convictions. The court concluded that his sentences were appropriate and upheld them, stating that the trial judge acted correctly by making the sentences run one after the other instead of at the same time. This summary highlights the main points of the case and the court’s final decisions.

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F-2009-749

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In OCCA case No. F-2009-749, Waymond George Morrison appealed his conviction for multiple offenses, including Possession of Controlled Dangerous Substances (CDS) with Intent to Distribute, Driving a Motor Vehicle Without a License, Distribution of CDS, and Possession of Proceeds from drug-related activities. In an unpublished decision, the court decided to affirm his conviction for three counts while reversing one count related to possession of proceeds, ordering that it be dismissed. One justice dissented. Morrison faced several serious charges related to drugs and was sentenced to a total of 100 years in prison for the most severe charges, along with some fines. During his trial, he argued that his rights to due process were violated, that there was an improper handling of testimony, and that he faced double punishment for his actions. The court evaluated his claims: 1. The first issue was whether Morrison’s rights were violated when the court didn’t allow certain testimony. The court decided that the excluded testimony wasn't relevant to the case, so his rights were not infringed upon. 2. The second concern was about the trial being split into two parts (bifurcated). The court ruled that this was a correct decision and that it did not abuse its discretion. 3. Morrison also contended that testimony from a rebuttal witness should not have been permitted. The court found that this was appropriate because the rebuttal witness provided necessary clarifications to previous testimonies. 4. Regarding the issue of double punishment, the court explained that Morrison’s possession and distribution charges were based on separate actions—one for having cocaine and one for selling it. However, his conviction for possession of proceeds was tied to the same act of selling cocaine, so that particular conviction was reversed. 5. The sufficiency of the evidence against him was also questioned. The court found that there was enough evidence for the jury to reasonably convict Morrison of intent to distribute due to the drugs found in his car shortly after a sale. 6. Lastly, Morrison felt his sentence was excessively harsh. The court did not agree, noting that due to his previous criminal record, the sentence was justifiable. In conclusion, the court upheld the majority of Morrison's convictions and sentences, significantly addressing various legal arguments made by him during the appeal process.

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