Okla. Stat. tit. 63 § 2-401 Archives - Page 4 of 4

F-2002-470

Post author:Staff
Post published:January 16, 2003
Post category:F

In OCCA case No. F-2002-470, Dearel Oglesby appealed his conviction for Distribution of a Controlled Substance (Methamphetamine). In an unpublished decision, the court decided to affirm his conviction but modify his sentence to 20 years in prison with a $20,000 fine. One judge dissented. Dearel Oglesby was found guilty by a jury of selling methamphetamine. He was sentenced to life in prison, which he believed was too harsh. Oglesby raised four main issues in his appeal. First, he claimed that the trial allowed some evidence that should not have been included according to the state’s rules. The court found that even though one lab report was late, it was not a major issue since it didn't harm Oglesby’s case. Second, Oglesby argued that he did not get his right to a preliminary hearing, but the court found there was enough evidence to prove there might have been a crime. Third, he was concerned that the jury saw evidence about other drug sales he allegedly made, which he thought was unfair. The court noted that while some of this evidence was not really necessary, the prosecutor did not act on it inappropriately. Finally, Oglesby spoke about a witness being added during the trial, but the court felt that was handled correctly since it wasn’t a key part of the case. The judges found that Oglesby’s punishment was extreme considering the small amount of drugs involved, so they decided to reduce his sentence instead of just keeping the life sentence. This decision was met with some disagreement from one judge, who thought the evidence was relevant and that the original sentence should stay as is.

F-2001-1488

Post author:Staff
Post published:January 8, 2003
Post category:F

In OCCA case No. F-2001-1488, Robert Wesley Choate appealed his conviction for manufacturing a controlled dangerous substance, possession of a precursor, and possession of a controlled dangerous substance. In an unpublished decision, the court decided to uphold the conviction for manufacturing but reversed the conviction for possession of a precursor, which means that his punishment for that charge was dismissed. One member of the court dissented from this decision.

F-2001-1445

Post author:Staff
Post published:November 5, 2002
Post category:F

In OCCA case No. F-2001-1445, John Wesley Dickson appealed his conviction for Possession of a Controlled Dangerous Substance, After Former Conviction of a Felony. In a published decision, the court decided to affirm the judgment of the trial court but modified his sentence to twenty years imprisonment. One judge dissented. John Wesley Dickson was found guilty by a jury for having illegal drugs after he had been convicted of a crime before. The jury decided that he should go to prison for forty years. Dickson thought this was too harsh and took his case to a higher court for a review. The higher court looked at all the evidence, including what happened in the original trial. The judges found that while the forty-year sentence was lawful, the remarks made by the prosecutor during the sentencing could have influenced the jury too much. The prosecutor's comments on what they thought was an appropriate punishment were seen as quite problematic. The court believed that the sentence given shocked their sense of fairness, which is a key reason for modifying sentences. Despite being allowed to recommend sentences, the prosecutor should have kept personal views out of their statements to avoid bias in the jury's decisions. Finally, the court decided to change the sentence from forty years to twenty years. They pointed out that the rules at the time of the crime did not allow applying changes in law retroactively to make the punishment lighter. Thus, only the laws that were in place when Dickson committed the crime could be applied to him. In conclusion, the court confirmed Dickson’s conviction but found the original sentence too severe, leading to a new sentence of twenty years in prison. One judge disagreed with the change in sentence, feeling that the jury's and prosecutor’s actions were acceptable.

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 2001-465

Post author:Staff
Post published:June 4, 2002
Post category:F

In OCCA case No. F 2001-465, Tashiro Rudy Tillman appealed his conviction for Unlawful Possession of a Controlled Drug with Intent to Distribute and Obstructing an Officer. In a published decision, the court decided to affirm the conviction on the drug charge but vacated the sentence for that charge, requiring resentencing. The conviction for obstructing an officer was upheld. One judge dissented.

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-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 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.

F-2000-1634

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

In OCCA case No. F-2000-1634, Edgar Lee Rucker, Jr. appealed his conviction for Unlawful Delivery of a Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to affirm the conviction but modify the fine imposed. One judge dissented. Rucker was found guilty by a jury for selling methamphetamine and was sentenced to twelve years in prison along with a $10,000 fine. He was acquitted of another charge related to marijuana possession. Rucker argued several points in his appeal, claiming violations of his rights during the trial. The first point raised was that it was wrong for both the drug offense and habitual offender statutes to be used in his sentencing. The court acknowledged this as an error but stated that it only affected the fine; they reduced the fine to $2,500 since it was incorrectly calculated originally. Rucker also argued that the evidence was insufficient to prove he was a habitual offender. However, the court found that the State provided enough evidence regarding his past convictions. He claimed that evidence about his previous bad behavior should not have been allowed in the trial, but the court determined it was relevant for understanding the case. Rucker believed that there was a mismatch between the charges and the evidence, but the court concluded the evidence was consistent with the allegations. Another argument was that his lawyer didn’t do a good job representing him. They noted that while the lawyer should have objected more, it didn’t significantly impact the outcome of the trial. Rucker contended that the prosecutor acted unfairly during the trial, but the court found that any mistakes made were corrected and did not deny him a fair trial. Finally, Rucker argued that all the errors combined made the trial unfair, but the court decided that the only significant error was the fine and adjusted it accordingly. In summary, the court upheld Rucker’s prison sentence but modified the fine.

F 2000-862

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

In OCCA case No. F 2000-862, Taress Lamont Owens appealed his conviction for Unlawful Possession of a Controlled Drug with Intent to Distribute. In an unpublished decision, the court decided to affirm the conviction but vacate the $11,000 fine. One judge dissented. Taress Lamont Owens was found guilty by a jury in a case related to illegal drug possession. He was sentenced to 60 years in prison and a fine of $11,000. Taress believed there were several reasons why his conviction should be overturned or the fine changed, so he appealed the decision. First, he argued that the evidence against him should not have been allowed in court because it was obtained in violation of his rights. However, the judges felt that the search was legal because it was done with consent. They confirmed that the evidence was strong enough to convict him based on the facts of the case. Taress also thought that the evidence presented against him was not enough for a conviction. But the judges disagreed, saying there was sufficient proof that he intended to sell the drugs. He mentioned that some evidence was not relevant to the case, but the judges found the officer’s testimony useful to show the intention behind his actions. Taress raised issues about his rights being violated and that he did not receive proper help from his lawyer during the trial. The judges looked at these claims and stated that there was no proof that he had been poorly represented in court. Finally, while the judges agreed on most points, they all felt that the fine imposed by the jury was too high according to the law. They decided to cancel the fine because the jury's instructions were incorrect regarding whether the fine should be mandatory. In conclusion, the court upheld Taress Lamont Owens' conviction but nullified the excessive fine, allowing him some relief from the financial penalty imposed during the trial.

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 2000-1241

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

In OCCA case No. F 2000-1241, McCandless appealed her conviction for possession of controlled dangerous substances. In an unpublished decision, the court decided that two of her three convictions were unfair and should not stand because they violated laws against being punished twice for the same action. McCandless claimed that finding different types of drugs in her home should only count as one offense. The court agreed with her on that point and reversed two of the convictions. However, the court found sufficient evidence to keep the other two convictions. One member of the court disagreed with this 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-2000-1313

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-2000-386

Post author:Staff
Post published:June 7, 2001
Post category:F

In OCCA case No. F-2000-386, Rodney Eugene Cheadle appealed his conviction for First Degree Murder and several other charges. In an unpublished decision, the court decided to modify his conviction from First Degree Murder to Solicitation for Murder in the First Degree and changed his sentence from life without parole to life imprisonment. One judge dissented. Rodney Eugene Cheadle was charged with many serious crimes, including selling drugs and murder. The case started when a woman named Donna Phillips was working with the police while she was arrested. She bought drugs from Cheadle, and police later got a search warrant for his house. When they searched it, they found drugs and guns. Cheadle was in jail when he told other inmates that he wanted to prevent Phillips from testifying against him. He even tried to get someone to kill her. Eventually, another inmate, Vance Foust, did kill Phillips. After the murder, a jail inmate told the police about Cheadle's plans. During the trial, the jury found Cheadle guilty on multiple counts, and he received heavy sentences. However, Cheadle appealed, claiming there wasn't enough evidence for some of the charges against him, especially for First Degree Murder. The court agreed with him, stating that while he did solicit someone to kill Phillips, the evidence did not show that it was in furtherance of his drug activities as required by law. Ultimately, the court agreed to change his First Degree Murder conviction to a lesser charge of Solicitation for Murder and reduced his sentence. It also reversed some of his other convictions due to double jeopardy issues. Therefore, while he was found guilty of many crimes, the court decided to modify his most serious conviction and sentence.

F-2000-367

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

In OCCA case No. F-2000-367, Kenneth Matthew Crase appealed his conviction for Manufacturing a Controlled Dangerous Substance - Methamphetamine. In an unpublished decision, the court decided to reverse the conviction with instructions to dismiss the case. One member of the court dissented. Crase was found guilty by a jury and sentenced to twenty years in prison and fined $50,000. He argued several points about why he should not be convicted. He claimed there was not enough evidence to prove he helped make methamphetamine. He also said there wasn't enough support for the testimony from an accomplice, that evidence of other crimes was unfair during his trial, and that the prosecutors behaved badly, making it hard for him to get a fair trial. After looking closely at all the evidence and records from the trial, the court agreed with Crase. They found that just being present and knowing that someone was making methamphetamine did not mean he was guilty of making it or helping to make it. The court concluded that there was not enough proof to convict him, so they reversed the lower court's decision and ordered the case to be dismissed.

F-2000-365

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

In OCCA case No. F-2000-365, Kevin Michael Crase appealed his conviction for Manufacturing a Controlled Dangerous Substance, specifically methamphetamine. In an unpublished decision, the court decided to reverse the conviction. One judge dissented. Crase was found guilty after a trial by jury and received a sentence of twenty years in prison and a $50,000 fine. He argued several points for his appeal, including that there wasn't enough evidence to prove he was actually involved in making the drugs or helping someone else do it. Upon reviewing everything, the court agreed with Crase, stating that although he was there and knew what was happening, there was no proof that he helped or encouraged the drug production in any way. Simply being present at the scene isn’t enough to prove someone committed a crime. Therefore, the court reversed his conviction and instructed the lower court to dismiss the case.

F-1999-1615

Post author:Staff
Post published:April 18, 2001
Post category:F

In OCCA case No. F-99-1615, Jackie Lavern Nuckols appealed his conviction for Manufacturing or Attempting to Manufacture Methamphetamine. In an unpublished decision, the court decided to reverse his conviction and send the case back for a new trial. One member of the court dissented. Nuckols was found guilty by a jury, and he was sentenced to twenty years in prison along with a $100,000 fine. He appealed his conviction, raising several issues. First, he argued that old convictions were unfairly used against him, which should not have been allowed. The court agreed that this was not right since the old convictions could have influenced the jury too much. However, they also said that this alone didn’t change the outcome of the trial. Second, there was a problem with evidence about another crime that was brought up during the trial. The court found that this evidence was not appropriate but decided that it didn't have a big impact on the jury’s decision. Third, Nuckols thought that his fine was too high and should be changed, but the court did not agree with this point. Fourth, he claimed that he didn't have enough help from his lawyer when he needed it. The court said that even though his lawyer might not have done everything perfectly, it didn’t hurt Nuckols' chance for a fair trial. His lawyer had a chance to represent him in other important parts of the trial. Lastly, Nuckols felt that when all of these issues were looked at together, they took away his right to a fair trial. The court acknowledged that some mistakes were made, especially about the old convictions and the mention of another crime, and they concluded that these combined errors were serious enough to justify a new trial. All in all, the court decided to reverse Nuckols’ conviction and said he should have a new trial to properly address these issues.

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-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.