Okla. Stat. tit. 63 § 2-328 Archives

F-2003-1297

Post author:Staff
Post published:March 2, 2005
Post category:F

In OCCA case No. F-2003-1297, Thomas Edward Gale appealed his conviction for multiple drug-related offenses. In a published decision, the court decided to uphold most of his convictions but reversed one of them. One judge dissented. During the trial, Gale was found guilty of making methamphetamine and possessing certain substances that can be used to create drugs. He received a long prison sentence and a hefty fine. Gale argued that he should not have been punished twice for having two different precursor substances without a permit and also claimed that some of the evidence against him was not strong enough. The court found that Gale's actions of making meth and having precursor substances without a permit were different crimes, so it was okay for him to be convicted for both. However, they agreed that he should not have been convicted for both types of precursor substances because that counted as one crime. So, they reversed that part of the decision. The court decided that there was enough evidence to prove that Gale was keeping a place where drugs were used and sold. They also concluded that his sentence and fine were appropriate. In the end, the court upheld Gale's sentences for most of the crimes but dismissed one of the precursor possession convictions.

F 2002-157

Post author:Staff
Post published:April 1, 2003
Post category:F

In OCCA case No. F 2002-157, Kenneth Lee Dueitt appealed his conviction for Manufacturing a Controlled Dangerous Substance (Methamphetamine), Possession of a Precursor Substance (Red Phosphorus), Possession of a Controlled Dangerous Substance (Methamphetamine), and Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm his convictions for Manufacturing Methamphetamine, Possession of a Controlled Dangerous Substance, and Possession of Drug Paraphernalia while reversing the conviction for Possession of a Precursor Substance and remanding it for a new trial. One judge dissented on the decision regarding the reversal of Count 2.

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 2000-1653

Post author:Staff
Post published:March 21, 2002
Post category:F

In OCCA case No. F 2000-1653, Linda Kaye Corder appealed her conviction for Manufacturing a Controlled Dangerous Substance and Manufacturing a Precursor Substance. In an unpublished decision, the court decided to reverse the conviction for Manufacturing a Precursor Substance and remand with instructions to dismiss that charge. The court found that the appellant was punished twice for the same offense of manufacturing methamphetamine, which violated the law. One judge dissented on the issue of the drug clean-up fine, believing it should not have been vacated. The court affirmed the conviction for Manufacturing a Controlled Dangerous Substance and found the punishment appropriate.

F 2000-1652

Post author:Staff
Post published:March 14, 2002
Post category:F

In OCCA case No. F 2000-1652, Shaun Scott Sprowls appealed his conviction for Manufacturing a Controlled Dangerous Substance and Manufacturing a Precursor Substance. In a published decision, the court decided to affirm the conviction for Manufacturing a Controlled Dangerous Substance but reversed and dismissed the count for Manufacturing a Precursor Substance. One judge dissented. The case began when authorities found evidence suggesting Sprowls was making illegal drugs, which led to his trial. The jury found him guilty and recommended a long prison sentence along with fines. Sprowls argued that this evidence should not have been used because it was collected without a proper search warrant. He also claimed that he was unfairly punished multiple times for the same act, which violated his rights. After reviewing the case, the court agreed that Sprowls was punished twice for the same crime, so they reversed the second conviction and removed the fine associated with it. However, they determined that the evidence for the first charge was enough to support the jury's decision and that his sentence was fair. Ultimately, the court affirmed part of the decision but corrected what they saw as an error in punishing him.