In OCCA case No. C 2015-473, Johnny Allen Ross appealed his conviction for Possession of Controlled Dangerous Substance (Methamphetamine) and Possession of a Controlled and Dangerous Substance (Marijuana). In an unpublished decision, the court decided to grant the appeal because Ross was denied effective assistance of counsel during the hearing on his motion to withdraw his guilty plea. One judge dissented.
In OCCA case No. S-2014-786, the State of Oklahoma appealed the conviction of Douglas Raymond Norwood for misdemeanor possession of marijuana. In an unpublished decision, the court decided to affirm the lower court's ruling, which dismissed the felony charge that the State had brought against him. The court also accepted Norwood's guilty plea for the misdemeanor charge. One judge dissented. The case began when the State charged Norwood with felony possession of marijuana because he had three prior convictions related to drug offenses. Norwood argued that because his past convictions were not from the specific law under which the State was trying to charge him this time, his current charge should be treated as a misdemeanor instead of a felony. The trial court agreed with Norwood and dismissed the felony charge, allowing him to plead guilty to the lesser charge. The State then appealed, but the court explained that its ability to appeal was limited by law. They could only do so in specific situations, one of which is if there has been a dismissal that prevents further prosecution. The court indicated that the trial court had correctly dismissed the felony charge because the law only allows such enhancements to felony charges when a person has previous convictions specifically under that law. The court referred to a similar earlier case, showing that they had already decided against the State in a comparable situation. They reaffirmed that in order to enhance a charge to a felony, the previous convictions must originate from the same specific law, which was not the case for Norwood. In conclusion, the court upheld the decision of the lower court to dismiss the felony charge and accepted Norwood's guilty plea for misdemeanor possession. Thus, the appeal was rejected, and the original ruling was confirmed, with one judge explaining why he disagreed with the outcome.
In OCCA case No. C-2013-309, the petitioner appealed his conviction for possession of controlled substances and possession of contraband. In a published decision, the court decided to deny his request to withdraw his guilty plea and affirmed the lower court's judgment and sentence. One justice dissented. The case involved Joseph Leonard Cox, Jr., who entered a guilty plea to charges related to drug possession. This plea was part of a deal to resolve two separate cases. The court sentenced him to ten years in prison for one charge and five years for another, with some fines. The sentences would run at the same time, which means he would serve them together. Later, Cox wrote a letter that seemed to ask to take back his guilty plea. The court had a hearing about this but decided not to let him withdraw the plea. Cox's main arguments were that he was pressured into his plea, his lawyer did not help him enough, and he wanted a new hearing to challenge his plea. However, the court found that there wasn’t enough evidence to show he was coerced into pleading guilty. They also determined that his legal representation during the hearing was sufficient. The court noted that the rules allowed for his past time in jail to be counted toward his sentence, and they directed the lower court to correct its records to reflect this. In summary, they denied his request but agreed on the correction of his time served in the sentencing documents. Thus, the earlier decision of the district court was largely upheld.
In OCCA case No. C-2013-150, a person appealed her conviction for possession of a controlled dangerous substance in the presence of a child and child neglect. In a published decision, the court decided to deny some requests but modified the sentence. One judge dissented. The case involved Jennifer Michelle Stumpe, who pled guilty to two crimes. The first was possessing marijuana in front of a child, and the second was child neglect. She entered a program to help people with drug problems. Unfortunately, her participation in the program did not go well, leading the state to seek to terminate her involvement in the program. After agreeing to terminate her program participation, Stumpe was sentenced to five years in prison for each crime, but the sentences would run together. She later asked the court to let her take back her guilty plea, claiming she did not get a fair chance because of her lawyer and that she didn't understand the consequences of her plea. The court looked closely at her claims. Stumpe argued she did not get good help from her lawyer and that she was confused about the law and the possible punishments. However, the court found that these claims should not change the outcome of her case and that there was no big mistake made that would affect her rights significantly. Stumpe specifically challenged the length of her sentence for the first crime. The law said she could only get a maximum of two years in prison for that charge, but the court had given her five years. The court agreed that this was a mistake and decided to change her five-year sentence for that crime down to two years while keeping the other parts of her punishment the same. In summary, while Stumpe's requests to withdraw her pleas based on poor advice were denied, the court granted her request to reduce her sentence for the first crime to match the law.
In OCCA case No. F-2010-131, Darius Darrell Payne appealed his conviction for trafficking in illegal drugs, possession of a firearm after a felony conviction, unlawful possession of marijuana (second offense), failure to obtain a drug tax stamp, and possession of paraphernalia. In a published decision, the court decided to affirm Payne's convictions on all counts but remanded the matter for a new sentencing proceeding on certain counts due to errors in jury instructions. One judge dissented. The case began when police officers went to a house where Payne was present, looking for a man with an arrest warrant. When they entered, they found illegal drugs, a gun, and cash, leading to Payne's arrest. During the trial, the jury found Payne guilty on multiple charges and set significant punishment for his crimes, including life in prison without the possibility of parole for the drug trafficking offense. Payne raised several issues on appeal. He argued that being punished for both trafficking and failure to obtain a drug tax stamp for the same drugs was unfair and violated laws against double punishment. The court found that the laws allowed for separate punishments, so this argument was rejected. Payne also claimed that the jury wasn't properly instructed about the requirements for his life sentence. The court agreed that the instruction was incorrect, leading to a ruling that he should have a new sentencing hearing for this and another charge related to marijuana possession. Additionally, the court noted that the trial court should not have separated the misdemeanor charge regarding drug paraphernalia, which led to a penalty that was likely influenced by prior convictions that weren't relevant for that specific charge. As a result, the court reduced his sentence for possession of paraphernalia from one year to three months. Lastly, there were also some mistakes on the official documents from the trial that needed to be corrected, such as the wrong section numbers and indications of pleading guilty that were factually incorrect. In summary, while Payne's convictions were upheld, the court found that certain errors related to sentencing and jury instructions necessitated further proceedings. The final decision called for changes to some sentences while affirming others.
In OCCA case No. F-2005-1146, Pamela Dee Colley appealed her conviction for trafficking in illegal drugs (methamphetamine) and several other drug-related charges. In an unpublished decision, the court decided to affirm her convictions for counts 1, 2, 4, 5, 6, 7, and 8, but reversed her conviction for count 3, possession of marijuana. One judge dissented regarding the reversal of count 3. Pamela Colley was found guilty by a jury for a serious crime related to illegal drugs after a traffic stop conducted by a police officer. The case began when the officer noticed her car making a traffic violation early in the morning. When he pulled her over, he found out that Colley did not have a driver's license and provided some confusing information. The police officer thought that drug dealers were operating in the area, so he called for a K9 unit to further check for drugs. When the dog alerted, the police searched her car and found illegal drugs, scales, and items used for drug use in her purse. Colley was very upset and later gave permission for police to search her, leading to more illegal items being discovered on her. Colley argued in court that her sentence of life without parole was unfair and that she didn’t know about the drugs. She claimed that her attorney didn’t defend her well and that the way the trial was handled had problems. However, the court found that there was enough evidence to support her conviction. They also decided the police did everything by the book during the traffic stop. While the court agreed that one of her charges resulted in a double punishment, it found that her other convictions were valid given the serious nature of the drug trafficking involved. Thus, she will remain convicted on those charges, which involved large amounts of methamphetamine, while they reversed the possession of marijuana charge due to it being a part of the same incident.
In OCCA case No. F-2005-987, Jimmy Douglas Letterman appealed his conviction for unlawful possession of controlled drug (methamphetamine), unlawful possession of marijuana, possession of a firearm while in commission of a felony, and unlawful possession of paraphernalia. In an unpublished decision, the court affirmed his convictions for possession of methamphetamine, possession of a firearm during the commission of a felony, and unlawful possession of paraphernalia, but reversed his conviction for unlawful possession of marijuana, with instructions to dismiss. One judge dissented.
In OCCA case No. C-2001-537, a person appealed his conviction for possession of controlled substances. In an unpublished decision, the court decided to reverse one of the counts while keeping the other counts affirmed. One judge dissented. The case began when the individual pled guilty to possessing methamphetamine, marijuana, and drug paraphernalia. The plea agreement allowed for a one-year suspended sentence if he completed a drug court program. However, he later violated the terms of this agreement by using drugs again and not attending the required sessions, leading to a longer sentence. After the court sentenced him to a total of 21 years in prison for the remaining counts, he wanted to withdraw his guilty plea. He argued he did not fully understand what he was agreeing to, specifically the length of his sentences and various conditions. In reviewing the case, the court found a significant issue with the individual's dual convictions for possessing two kinds of drugs at the same time, which they ruled could violate double jeopardy rules. They agreed with part of his appeal and reversed the conviction for possession of marijuana, while affirming the other two convictions.
In OCCA case No. F-2000-1339, Harold Lee Cooper, Jr. appealed his conviction for possession of cocaine and possession of marijuana. In a published decision, the court affirmed his conviction for possession of cocaine but reversed and dismissed the conviction for possession of marijuana. One judge dissented.
In OCCA case No. F-2000-1531, Thomas Paul Richardson appealed his conviction for First Degree Manslaughter and Unlawful Possession of a Controlled Drug. In a published decision, the court decided to affirm most of the convictions but modified the sentence for the drug possession charge to ten years. One judge dissented. Richardson was tried by a jury, found guilty of both crimes, and received a life sentence for manslaughter, twenty years for drug possession, and a ten-day jail term for speeding. The sentences were to be served one after the other. He raised several arguments about his trial and sentencing, including claims that his rights were violated and that he was given an unfair sentence. The court reviewed his claims and agreed that he was incorrectly sentenced for the drug possession charge, as the maximum penalty should have been ten years, not twenty. However, the court found no significant problems with other aspects of the trial, including the admission of certain testimonies and the conduct of the prosecutor. They believed the errors did not change the outcome or harm Richardson's chances for a fair trial. Overall, the court decided to lessen Richardson’s drug sentence while keeping the other convictions intact.
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.
In OCCA case No. C-00-1344, Betts appealed his conviction for multiple offenses including Driving Under the Influence of Drugs and Assault on a Police Officer. In a published decision, the court decided to grant his petition for relief regarding some of the convictions due to a lack of adequate factual support for those charges. One judge dissented. Betts had pleaded guilty to several charges in a lower court, but later claimed he did not understand all the details of the offenses or the punishments he could receive. He filed a motion to withdraw his plea, which was denied by the district court. The case was then brought to the Oklahoma Court of Criminal Appeals. The court looked at the reasons Betts provided for wanting to withdraw his plea. One of the main issues was that there was not enough factual evidence to support certain charges against him. For instance, when Betts admitted some wrongdoing, he did not talk about other specific charges like the drug possession or tampering with a vehicle. The court found that because of this, Betts did not really enter his plea to those counts in a fair way. While the court affirmed one of his convictions related to Assault and Battery on a Police Officer, they reversed other convictions regarding Driving Under the Influence of Drugs and related charges. The court also mentioned that there were problems with how restitution was handled, which means determining if and how much money Betts should pay for what he did. Overall, the court sent the case back to the district court to ensure that the restitution issues were corrected and to check if the earlier order of restitution was appropriate for the right case. The court set a timeframe for the district court to work on these issues. In summary, the court found that Betts was not properly informed or supported for several of the charges against him, leading them to reverse some of his convictions while affirming one, and they ordered further hearings on the restitution matter.