Okla. Stat. tit. 63 § 2-405

RE-2021-1042

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In OCCA case No. RE-2021-1042, Matthew Bryan Buttery appealed his conviction for a series of crimes including distribution of controlled substances and petit larceny. In a published decision, the court decided to affirm the revocation of his suspended sentence but ordered that his new sentence run concurrently with a prior sentence from another case. One judge dissented on the issue of how the sentences should relate to one another. Matthew Buttery had previously pled guilty to several charges. He was given a ten-year suspended sentence, which means he didn't have to serve time in prison at that moment but had to follow certain rules. If he broke any rules, the court could take back that suspended sentence and send him to prison. The state claimed that Buttery did not report as required, did not pay his probation fees, and committed a new crime, for which they wanted to revoke his suspended sentence. During the hearing, the court found Buttery had violated the terms of his probation and revoked his suspended sentence. Buttery argued that the court made a mistake by not giving him credit for time he had already served and by ordering that his new sentence run after a different sentence from another county. The court explained that it had the right to revoke Buttery's suspended sentence because he violated the rules. They stated they didn't have to give him credit for time served because the suspended sentence is not changed by the violation. They also found that the judge improperly decided his new sentence would run after the one from the other county rather than at the same time. The judges clarified that when a sentence is revoked, it should not change how sentences from different cases affect each other. In the end, Buttery's appeal led to some changes. The court ordered that his new sentence should run concurrently, meaning he would serve them at the same time, rather than one after the other. However, the court upheld the overall decision to revoke his suspended sentence for breaking the rules of his probation. One judge agreed with the decision to affirm the revocation but disagreed with other parts of the analysis regarding the relationship between the sentences. So, to summarize, the main points from the case are that Matthew Bryan Buttery's suspension was revoked because he violated probation rules, but the court made a mistake when deciding how his new sentence should relate to an older sentence. He is to serve them at the same time now, according to the latest court ruling.

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F-2018-383

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In OCCA case No. F-2018-383, Samantha Ann Perales appealed her conviction for first degree manslaughter, possession of controlled dangerous substance (methamphetamine), unlawful possession of drug paraphernalia, and no valid driver's license. In an unpublished decision, the court decided that the State of Oklahoma lacked jurisdiction to try Perales because she is a recognized member of an Indian tribe and the crimes occurred in Indian Country. Therefore, her convictions were reversed and the case was remanded to be dismissed. One judge dissented, stating that the Major Crimes Act should not prevent Oklahoma's jurisdiction in cases where federal prosecution is not possible.

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RE-2019-683

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In OCCA case No. RE-2019-683, the appellant appealed his conviction for the revocation of his suspended sentence. In an unpublished decision, the court decided to affirm the revocation but modify it to be limited to six months. One member dissented. The case involved the appellant who had earlier been sentenced for multiple crimes, including possession of a controlled substance and driving under the influence. Initially, he was given a suspended sentence where he would serve time in jail only on weekends. However, he violated the terms of his probation several times by failing to report, pay fees, and complete required programs. After a while, he faced new charges for more serious crimes, which led to the state seeking to revoke his suspended sentence altogether. During the hearing for the revocation, the judge decided to revoke all five years of his suspended sentence. However, the court found later that this action was not appropriate. The court ruled that even though the appellant had committed technical violations, he could only be punished with a maximum of six months because the alleged new crimes occurred after his probation had expired. The court concluded that the trial judge had made a mistake when revoking the whole five years instead of just six months based on the technical violations proven. Thus, the revocation punishment was modified by the court to six months instead of five years.

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F-2018-901

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **Case No. F-2018-901** **NAJEE JAMALL COX, Appellant,** **vs.** **THE STATE OF OKLAHOMA, Appellee.** **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** Appellant, Najee Jamall Cox, appeals from the acceleration of his deferred judgment and sentencing in Case No. CF-2014-5486 in Oklahoma County, presided over by Judge Ray C. Elliott. On January 30, 2017, Cox entered a guilty plea to Burglary in the First Degree, and his judgment and sentencing were deferred for seven years, with probation conditions effective until January 29, 2024. On March 20, 2018, the State filed an application to accelerate the deferred sentence, citing multiple violations, including new criminal charges and failure to pay court costs. At the hearing on August 14, 2018, Judge Elliott denied Cox's request for a continuance to allow his co-defendant to testify, after which the hearing proceeded with the State's presentation of evidence from probation officers and law enforcement. **FINDINGS:** 1. **Evidence of Possession**: The court found sufficient evidence supporting that Cox had constructive possession of marijuana and related paraphernalia based on the circumstances surrounding the traffic stop and subsequent findings in his vehicle. 2. **Right to Present Testimony**: Cox was given the opportunity to present a defense but failed to secure the presence of his co-defendant through proper procedural channels. His claim of due process violation was denied due to lack of shown prejudice. 3. **Notice of Reimbursement Fee**: Sufficient evidence demonstrated that Cox was aware of his obligation to pay the District Attorney's fees. 4. **Judicial Notice**: The court's reference to Cox's counsel's reputation did not negatively impact his rights, as the violation found was supported by sufficient evidence regardless. 5. **Ineffective Assistance of Counsel**: Cox did not demonstrate that his counsel's performance was deficient enough to have affected the outcome. Based on the analysis of these propositions, the order of acceleration issued by the District Court is **AFFIRMED**. **CONCLUSION**: The mandate will be issued upon the filing of this decision. --- **Representatives:** - **Counsel for Appellant**: Matthew Tate Wise - **Counsel for State**: Kirk Martin, Mike Hunter **Decision by**: LEWIS, Presiding Judge **Concurrences**: KUEHN, V.P.J.; LUMPKIN, J.; HUDSON, J.; ROWLAND, J. [Click here to download the full PDF of the opinion.](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-901_1735118825.pdf)

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C-2018-1167

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This document is a summary opinion from the Court of Criminal Appeals of the State of Oklahoma regarding the case of Ronald Fitzgerald Williams. Williams entered a negotiated guilty plea to multiple counts related to drug offenses and other violations. After sentencing, he filed a motion to withdraw his guilty plea, which the trial court denied. The Court of Criminal Appeals granted a writ of certiorari (a type of court order) and remanded the case for a new hearing on Williams' motion to withdraw his plea. The court found significant errors: 1. Williams was allegedly misadvised about his appellate rights, affecting the voluntariness of his plea. 2. The evidentiary hearing on the motion to withdraw the plea was held in his absence without a valid waiver of his right to be present. 3. Williams asserted he was denied effective assistance of counsel. The court emphasized that due process requires a defendant's attendance at a hearing concerning the withdrawal of a plea unless there’s evidence of a waiver, which was not present in this case. The court reversed the trial court’s denial of the motion to withdraw the plea and ordered a new hearing to ensure due process is upheld. The document concludes with information about the attorneys involved in the case and instructions for further proceedings. For additional details or specific legal arguments, you can download the full opinion using the link provided.

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F-2018-1087

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This document is a summary opinion from the Court of Criminal Appeals of the State of Oklahoma, addressing the appeal of Spencer Joe Cuccaro regarding his termination from the Kay County Drug Court and subsequent sentencing. ### Key Points: 1. **Case Background**: - Appellant Spencer Joe Cuccaro was placed in the Kay County Drug Court program on June 22, 2017, following a plea agreement that stipulated the conditions of his sentencing based on his performance in the program. - Cuccaro was involved in multiple cases (CF-2016-561, CF-2011-74, CF-2008-353) linked to drug offenses and was under specific probationary requirements. 2. **Allegations Against Cuccaro**: - The State filed a petition to remove Cuccaro from Drug Court, citing new criminal charges (including trafficking in illegal drugs), non-compliance with counseling requirements, and outstanding fees. - Evidence presented included testimonies from law enforcement regarding drug possession during a traffic stop and at the jail. 3. **Termination Hearing**: - At the termination hearing, evidence presented indicated that Cuccaro had violated the terms of his drug court agreement by committing new offenses and failing to meet his counseling and payment obligations. - The trial judge, David R. Bandy, found sufficient evidence to terminate Cuccaro from the Drug Court program. 4. **Appeal Propositions**: - **Proposition I**: Cuccaro claimed his no contest pleas were coerced. - **Proposition II**: He alleged the trial court failed to follow mandatory Drug Court procedures. - **Proposition III**: He contended the trial judge abused discretion in terminating him. - **Proposition IV**: He argued that the sentencing was excessive. 5. **Court's Analysis**: - The court found that Proposition I was not a suitable subject for this appeal and should be addressed in a separate certiorari appeal regarding the plea. - Proposition II also fell outside the scope of the termination appeal, which is to assess the validity of the termination order. - For Proposition III, the court upheld that the decision to terminate Cuccaro was within the judge’s discretion, consistent with the evidence of non-compliance and new criminal activity. - Proposition IV regarding sentencing was similarly ruled to be outside the appeal context, advising Cuccaro to raise such claims in the separate certiorari appeal. 6. **Decision**: - The court affirmed the termination order, emphasizing the trial judge's proper authority and the sufficiency of the evidence for termination from Drug Court. ### Conclusion: The Court of Criminal Appeals affirmed the District Court's order to terminate Spencer Joe Cuccaro from Drug Court and advised him to pursue any excessive sentence claims separately. The decision reflects adherence to legal standards concerning plea agreements, drug court compliance, and the discretion exercised by trial judges in such matters. For more details, you can access the full opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1087_1734789881.pdf).

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C-2013-254

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In OCCA case No. C-2013-254, Gina Diane Eslick appealed her conviction for multiple drug-related charges. In an unpublished decision, the court decided to grant her petition for certiorari, meaning they agreed to look at her case closely. The court found that she did not have effective help from her lawyer when she tried to change her guilty plea, as her lawyer had a conflict of interest. The court ordered that her case be sent back to the District Court so she could have a new hearing with a lawyer who did not have a conflict. No one dissented in this decision.

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F-2018-1187

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In the Court of Criminal Appeals of the State of Oklahoma, the case reviewed is that of Pearlena Hall, who appealed the decision of the district court following her termination from the mental-health court program. On May 4, 2017, Hall entered guilty pleas in two cases related to larceny, obstructing an officer, and possession of drug paraphernalia. After entering the mental-health court program, she faced a motion to terminate her participation due to allegations of committing a new crime and various rule violations. The court reviewed the appeal for any abuse of discretion regarding the termination. The decision to terminate a defendant from a mental-health court must uphold minimum due process standards, which includes proper notice of violations, an opportunity to be heard, and the ability to confront witnesses. Hall argued that her due process rights were violated because the State did not file a new application for removal and thus did not provide adequate notice about the allegations against her. However, the court found that Hall was aware of the allegations, which she confessed to during the proceedings. The judge provided opportunities for her to comply with program requirements, and a delay in sentencing that favored Hall did not equate to a due process violation. The court highlighted that she could not complain about delays she acquiesced to during the processes. Ultimately, the court affirmed Hall's termination from the mental-health court, ruling that her procedural rights had been sufficiently met. Thus, her appeal was denied, and the termination order was upheld. The court's opinion was delivered by Judge Rowland, with Judges Lewis, Kuehn, Lumpkin, and Hudson concurring with the decision. The mandate was ordered as per Oklahoma Court rules, and the relevant parties were identified for representation. For further reference, you can view the full opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1187_1734785215.pdf).

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S-2018-952

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### COURT OF CRIMINAL APPEALS ### STATE OF OKLAHOMA ### CASE NO. S-2018-952 **THE STATE OF OKLAHOMA** Appellant, v. **JOHN GLENN MORGAN** Appellee. **OPINION** *Rowland, J.:* The State of Oklahoma charged John Glenn Morgan with possession of a controlled drug, unlawful possession of drug paraphernalia, and unsafe lane change. Following a motion to suppress evidence obtained during a warrantless search of Morgan's vehicle during a traffic stop, the district court granted the motion, resulting in the dismissal of two felony counts against Morgan. The State appeals this decision, claiming errors in the district court's evaluation of the traffic stop's duration, Morgan's consent to a search, the justification for continued detention, and the applicability of an independent source doctrine. **BACKGROUND** On September 5, 2018, Owasso Police Officer Josua Goins stopped Morgan after witnessing reckless driving. During the stop, a drug dog was brought to screen the vehicle. After the dog alerted, officers found methamphetamine and drug paraphernalia. The district court later ruled that the extended detention to wait for the drug dog was not supported by reasonable suspicion after the initial traffic violation was addressed. ### DISCUSSION #### Proposition 1: Proper Evaluation of Duration of the Stop The court acknowledges that any motorist has the right to be free from unreasonable searches and seizures under both the United States and Oklahoma Constitutions. A traffic stop should be limited to its purpose, and any extended detention must be justified through reasonable suspicion. The district court considered the duration of the stop and determined that once Officer Goins had administered necessary tests and checks, he had no basis for further detention and should have issued a citation. #### Proposition 2: Consent to Search and Duration Requirements The State argues that Morgan's consent to search the trailer should extend the permissible duration of the stop. Still, the court finds that the time spent inspecting the trailer after the sober tests and inspection does not justify further detention without any additional reasonable suspicion of criminal activity. #### Proposition 3: Justification for Extended Detention The State failed to provide sufficient justification for extending the detention beyond investigating the traffic violation. The details already addressed during the stop contradicted the necessity for prolonged inquiry based on Morgan's logbook, a secondary issue due to the unavailability of a trooper to assist. #### Proposition 4: Independent Source Doctrine The State contended that any evidence obtained during the illegal extension could be justified under the independent source doctrine; however, the trial court found no separate basis for the initial stop's extension that would legitimize the evidence obtained afterward. ### DECISION The Court affirms the district court's ruling to grant Morgan's motion to suppress. The evidence obtained during the extended stop is inadmissible, reinforcing the importance of adhering to constitutional protections against unreasonable search and seizure during traffic stops. **Affirmed**. **Concurrences**: Lewis, Kuehn, Lumpkin, Hudson. [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-952_1734278226.pdf)

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F-2018-542

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In OCCA case No. F-2018-542, Charles Henry Tarver, Jr. appealed his conviction for Possession of Controlled Dangerous Substance with Intent to Distribute and Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided that relief was required, and the case was remanded to the district court with instructions to dismiss. One judge dissented. Charles Henry Tarver, Jr. was tried by a jury and convicted of having illegal drugs with the intent to sell them and for having drug paraphernalia. He was given a long prison sentence and a fine. Tarver appealed this decision because he believed that the evidence used against him was obtained illegally when a police officer stopped him for a minor traffic violation. The events leading to Tarver's arrest happened on May 23, 2016. A deputy police officer stopped Tarver because the light on his truck’s license plate wasn’t working. During this stop, the officer noticed that Tarver was very anxious and had trouble staying still. Instead of quickly giving him a ticket and letting him go, the officer waited for backup and a dog trained to detect drugs. While waiting, the officer searched Tarver's truck, finding illegal drugs. Tarver argued that this search was not allowed under the law because it happened without enough reason to keep him there longer than necessary for the traffic stop. Initially, the judge at Tarver’s trial ruled that the stop was legal, but he did not consider whether the stop went on too long without proper reasons. This was an important mistake because the law says that once the reason for a stop is handled, the police cannot keep someone for longer without having a good reason to think that person is doing something illegal. The appeals court reviewed the case and found that the trial judge had incorrectly placed the burden of proving that the police action was legal on Tarver instead of where it should have been on the state. The appeals court agreed that the stop was carried out longer than necessary, and the police officer did not have enough solid reasons to justify keeping Tarver there longer than the original traffic issue. The court decided to reverse Tarver's convictions and told the district court to dismiss the charges against him because the search that found the drugs was not properly justified. One judge disagreed with this outcome, arguing that the police acted reasonably based on their experiences and knowledge about Tarver. This dissenting opinion held that the evidence might still be good enough to uphold the conviction. In the end, the decision meant that Tarver would not have to serve time for these charges, as the evidence against him was deemed to have been collected improperly.

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F-2018-241

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In OCCA case No. F-2018-241, Mario Darrington appealed his conviction for Trafficking in Illegal Drugs (Marijuana and Methamphetamine) and related drug charges. In an unpublished decision, the court decided to affirm the judgment and sentence of the district court. One judge dissented. Darrington was arrested after police executed a search warrant at a home in Tulsa. Officers found a large quantity of marijuana and methamphetamine in the house. Darrington was linked to this evidence through various items found at the scene, including drugs located in a suit pocket with his name on prescription bottles and documents. He was charged with trafficking and other felonies due to having a prior criminal record. During his trial, Darrington requested that evidence obtained from the search be suppressed, arguing that the search warrant was not valid. He believed that the warrant did not show enough information to justify the search. The court reviewed his claim and determined that the affidavit supporting the search warrant provided sufficient evidence for a judge to find probable cause. The police officer had personal observations and corroborated information that indicated illegal drug activity was happening at the residence. The court also found that the timing of the information was relevant and not too old to be dismissed. Additionally, Darrington sought to know the name of an unnamed informant who provided information to the police for the search. The court ruled that this informant was not a material witness, meaning their identity did not significantly affect Darrington's case. As a result, the court affirmed Darrington's conviction and upheld the district court's decisions regarding the suppression of the search evidence and the request for the informant's identity.

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S-2018-978

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**State v. Cousan: Summary of the Court's Decision** In the case of *State of Oklahoma v. William Lee Cousan*, the Oklahoma Court of Criminal Appeals addressed the legality of the police actions leading to the arrest of Cousan and the subsequent search of his person that resulted in the discovery of crack cocaine. **Background:** William Lee Cousan was charged with Illegal Drug Trafficking, Unlawful Possession of Drug Paraphernalia, and Unlawful Possession of a Firearm by a Convicted Felon. The charges arose from a police investigation initiated by an anonymous tip suggesting that Cousan was dealing drugs from a Motel 6 room. Following a surveillance operation and gathering additional evidence, police obtained a search warrant for Cousan's motel room. While executing the warrant, Cousan left the motel in a vehicle, and police conducted a traffic stop approximately eight blocks away. During this stop, officers found cocaine on him and placed him under arrest. Cousan argued that the officers exceeded the scope of the search warrant during his detention and that the subsequent search of his person was unlawful. **District Court Ruling:** The district court agreed with Cousan's motion to suppress evidence, stating that the search was not justified as incident to the execution of the search warrant since it occurred outside the immediate vicinity of the premises. **Court of Criminal Appeals Decision:** The Oklahoma Court of Criminal Appeals reversed the district court's ruling, holding: 1. **Probable Cause:** The court found that the officers had probable cause to arrest Cousan at the time of his detention based on the tips and surveillance evidence indicating he was dealing drugs. 2. **Lawful Search Incident to Arrest:** The search of Cousan's person was deemed lawful as a search incident to arrest because probable cause existed for that arrest, independent of the execution of the search warrant. 3. **Inevitability Doctrine:** Even if the court did not find probable cause at the time of the stop, the officers could have made a valid investigative stop based on reasonable suspicion. Given the circumstances, the evidence inevitably would have been discovered after the execution of the warrant. 4. **Categorical Detention Rules:** The appeals court acknowledged that while the detention of Cousan was not justifiable under the Summers rule (as it did not occur immediately near the premises), the officers still had the right to detain Cousan based on the totality of circumstances, including the undercover work that had identified him as a key suspect. **Conclusion:** The appellate ruling overturned the district court's decision to suppress the evidence found on Cousan, allowing the State of Oklahoma to continue its prosecution for illegal drug trafficking and associated charges. **Final Note:** The opinion reflects on the importance of understanding both the probable cause standard for arrest and the rules surrounding lawful searches and seizures, emphasizing the balance between individual rights and public safety in law enforcement practices.

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F-2018-945

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CASE SUMMARY:** **Appellant:** Carey James Buxton **Appellee:** The State of Oklahoma **Case Numbers:** CM-2014-358, CF-2014-578, CF-2017-5 **Opinion Date:** August 8, 2019 **Judge:** Lumpkin --- **BACKGROUND:** Carey James Buxton appealed the termination of his participation in the Drug Court program and the imposition of sentencing by the District Court of Kay County, presided by Judge David Bandy. Buxton had entered pleas of no contest to multiple charges, including drug possession and burglary, and was sentenced to a Drug Court program where successful completion would lead to dismissal of the charges. However, after the State filed applications for his removal from the Drug Court program due to non-compliance, a hearing was conducted on this matter. The judge ultimately decided to terminate Buxton from the program and impose the sentencing terms outlined in the plea agreement. --- **PROPOSITION OF ERROR:** Buxton asserts that the trial court abused its discretion in terminating him from the Drug Court program. --- **ANALYSIS:** 1. **Standard of Review:** The decision to revoke or terminate a Drug Court participant lies within the trial judge's discretion. An abuse of discretion is defined as a clearly erroneous conclusion. 2. **Contentions by Appellant:** - Buxton argues that the court did not assess whether disciplinary measures short of termination would suffice. - He also claims that removal for cheating on drug tests is against Drug Court laws. 3. **Court Findings:** - The court ruled that violations needed to be proven by a preponderance of the evidence. Buxton repeatedly violated the terms of his Drug Court contract despite receiving multiple jail sanctions. - The appellate court noted that termination was not an automatic consequence of drug test failures; the trial court considered all relevant factors before making its decision. 4. **Conclusion:** - The appellate court determined that the trial court’s decision was supported by the evidence and was not an abuse of discretion. Buxton's proposition of error was denied. --- **DECISION:** The order terminating Buxton from the Drug Court and proceeding with sentencing as per the plea agreement is **AFFIRMED**. The mandate is to be issued immediately following the filing of this decision. **APPEARANCES:** - **For Appellant:** Jarrod Stevenson and Jeremy Stillwell (Appellate Defense Counsel) - **For Appellee:** Brian Hermanson (District Attorney), Mike Hunter (Oklahoma Attorney General), Tessa L. Henry (Assistant Attorney General) --- **OPINION BY: LUMPKIN, J.** - **Concur:** Lewis, P.J.; Kuehn, V.P.J.; Hudson, J.; Rowland, J. --- For further details, the complete opinion is available in PDF format: [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-945_1734875235.pdf).

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F-2018-646

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The document is a summary opinion from the Court of Criminal Appeals of the State of Oklahoma regarding the appeal of Ashley Dawn Bost. She was convicted of several offenses in LeFlore County District Court, including trafficking in illegal drugs and possession of a controlled substance, along with additional charges related to a firearm and drug paraphernalia. In her appeal, Bost raised a single proposition of error arguing that her convictions for trafficking in methamphetamine and possession of oxycodone violated the prohibition against multiple punishments for a single offense, as outlined in 21 O.S.2011, § 11. The court found that Bost did not preserve this argument for appeal as she failed to raise it during the trial, thus waiving her right to full review, except for considering it for plain error. The appellate court applied a three-part test for assessing plain error and determined that Bost did not demonstrate actual or plain error. The court explained that the analysis under Section 11 focuses on the relationship between the crimes and whether they require different proofs. Since the two charges involved different drugs and amounts required for trafficking and possession, the court concluded that they were indeed separate and distinct offenses and affirmed the trial court's judgments and sentences. The court's final decision was to affirm Bost's convictions and sentences, with the mandate ordered to be issued promptly. The opinion included a list of counsel for both the appellant and the appellee. For more information, a link to the full opinion is provided at the end of the summary.

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C-2018-1002

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**Summary of Case No. C-2018-1002: Carey James Buxton v. The State of Oklahoma** **Court:** Oklahoma Court of Criminal Appeals **Date Filed:** June 13, 2019 **Parties:** - **Petitioner:** Carey James Buxton - **Respondent:** The State of Oklahoma **Background:** Carey James Buxton entered a negotiated plea of no contest on multiple criminal charges across three cases in the District Court of Kay County. The charges included unlawful possession of drug paraphernalia, unlawful possession of a controlled dangerous substance with intent to distribute, second-degree burglary, and knowingly concealing stolen property. The plea agreement included entering a drug court program, which promised potential leniency upon completion. **Plea Agreement Details:** - **Successful Completion:** District Attorney would recommend dismissal of certain charges and suspended sentences. - **Failure:** Imposition of lengthy prison time. The State later filed a motion to terminate Buxton from the drug court program, which was granted after a hearing. Consequently, Buxton was sentenced according to the plea agreement. Attempting to contest this outcome, Buxton filed a motion to withdraw his plea, claiming it was not knowingly and voluntarily entered. **Issues on Appeal:** Buxton appealed the denial of his motion to withdraw his plea, arguing that the district court abused its discretion by not allowing him to withdraw due to the involuntariness of his plea. **Court Findings:** The Oklahoma Court of Criminal Appeals reviewed the district court's decision, determining that: 1. The review of the denial of a motion to withdraw a plea is for an abuse of discretion. 2. It is the petitioner's burden to prove that there was a defect in the plea process. 3. The district court based its ruling on a comprehensive review of the record, included plea forms, and Buxton's testimony. Ultimately, the appeal court found no abuse of discretion in the district court’s denial of Buxton's request to withdraw his plea, affirming the decision. **Decision:** - The Petition for a Writ of Certiorari is DENIED. - The district court's denial of Buxton's Motion to Withdraw Plea is AFFIRMED. **Mandate:** The mandate will be issued following the filing of this decision as per the applicable court rules. **Opinion Author:** Judge Rowland **Concurring Judges:** Lewis, Kuehn, Lumpkin, Hudson

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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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C-2017-458

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In OCCA case No. MAC-2017-458, Harris appealed her conviction for possession of methamphetamine and possession of drug paraphernalia. In an unpublished decision, the court decided to remand for further proceedings, agreeing that Harris was denied her right to a proper evidentiary hearing to withdraw her guilty plea. One judge dissented, expressing concerns about the approach taken by the majority in requiring a hearing despite the lack of detailed reasoning in the motions to withdraw.

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F-2016-179

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In OCCA case No. F-2016-179, John Stanton Lewis appealed his conviction for possession of a controlled dangerous substance and other related offenses. In an unpublished decision, the court decided to affirm Lewis's convictions for three counts and modify his conviction for one count from a felony to a misdemeanor, resulting in a shorter sentence. One judge dissented. Lewis was convicted in a district court for several counts involving drugs and a firearm. The jury sentenced him to different terms, including 15 years for possession of methamphetamine after previous felonies, 2 years for firearm possession, 4 years for marijuana possession, and 90 days for drug paraphernalia. The court made these sentences consecutive and gave him credit for time served. Lewis raised four main arguments on appeal: 1. **Illegal Search**: He argued that evidence against him should not have been used because it was obtained through an illegal search. The court found that the initial entry into his mobile home by law enforcement was legal since it was during a fire incident and they were investigating. Therefore, this argument was denied. 2. **Jury Instructions**: Lewis contended that the jury was not properly instructed on the possible punishments for his offenses, particularly about the enhancement of his charges due to prior convictions. The court agreed that there was a plain error concerning the instruction for the marijuana possession charge, modifying it to reflect a misdemeanor instead of a felony. His sentence for that charge was reduced from four years to one year. 3. **Evidence for Firearm Charge**: He claimed the evidence was insufficient to convict him for possession of a firearm because the state did not prove the firearm he had was capable of firing. The court found that it is not necessary to prove whether the gun could fire for a conviction under the law, so this argument was denied. 4. **Ineffective Counsel**: Lewis argued that his lawyer did not do a good job representing him. The court noted that proving ineffective counsel requires showing that the lawyer's mistakes affected the outcome of the trial. Lewis couldn't prove his lawyer was ineffective in this case because the range of punishment given was correct, and therefore, this claim was denied. Ultimately, the court affirmed the convictions for several charges, but modified the marijuana possession conviction to reflect a misdemeanor resulting in a shorter sentence. The judgments overall were mostly upheld.

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S-2015-723

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In OCCA case No. S-2015-723, Alexander appealed his conviction for possession of a controlled dangerous substance (marijuana), unlawful possession of drug paraphernalia, and public intoxication. In a published decision, the court decided to affirm the district court's order that sustained Alexander's motion to suppress evidence and dismiss the charges against him. One judge dissented. The case started when a highway patrol officer saw two vehicles on the side of the road, one of which looked disabled. Instead of checking on the disabled vehicle, the officer decided to pull over a maroon car that was leaving the scene because it had a cracked windshield. Alexander was in the front passenger seat of the maroon car. When the officer asked for identification, Alexander admitted he did not have any. The officer said he would check Alexander's information in his cruiser for safety reasons. While talking to Alexander in the cruiser, the officer noticed he smelled alcohol on him and saw signs of slurred speech and slow movements. The officer found out that Alexander had an outstanding warrant and arrested him. Initially, there were inconsistencies in the officer's story about what happened during the stop. He claimed the smell of alcohol was evident when Alexander exited the car, but later changed his answers under questioning. During the hearing about Alexander's motion to suppress the evidence, the officer's actions came under scrutiny. The state argued that the stop was justified, and that finding the warrant should allow the evidence collected to be used. However, the district court felt the officer's actions were not good faith mistakes but rather improper. The officer had handcuffed Alexander and questioned him without informing him of his rights, which the court deemed as a significant violation of Alexander's rights. The higher court found the district court had properly assessed the facts and ruled in favor of Alexander. They determined that the illegal stop and the officer's methods were serious enough to dismiss the evidence gathered after the stop. Thus, the verdict of the trial court to suppress evidence and dismiss the case was upheld.

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F-2015-715

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In OCCA case No. F-2015-715, Kevin Judd Lemons appealed his conviction for Trafficking in Illegal Drugs, After Former Conviction of Two or More Felonies, and other related charges. In an unpublished decision, the court decided to modify his sentence to seventeen years in prison and reduce his fine to $10,000.00. One judge dissented regarding how the sentence was amended. The case began with Lemons being charged for drug trafficking and related offenses. During the trial, he was sentenced to twenty-five years in prison and fined $25,000. He argued several points in his appeal, including that the search of his vehicle was illegal, and the evidence against him was insufficient. He also claimed that he received an excessive sentence and that his defense attorney did not represent him well. The court reviewed these arguments carefully. On the first point, the court found that the police did not act improperly during the traffic stop which led to the discovery of drugs and paraphernalia. The court explained that the officers were following the law during the search. Regarding the second point, the court noted that Lemons himself had admitted to his prior felony convictions, which relieved the State from having to further prove these convictions. This meant his claims about insufficient evidence for his previous felonies were not valid for the appeal. For the claim about his sentence being too harsh, the court agreed that Lemons had been sentenced incorrectly under the wrong punishment range. They adjusted the duration of his prison time downward to correct this mistake. They also ruled that the fine imposed was not appropriate under the law, which allowed them to reduce it to a lower amount. Lastly, Lemons contended that his lawyer failed to support him effectively. The court found that most of the points mentioned did not show a serious problem with the representation that would warrant further action. Overall, the court upheld Lemons' conviction but decided to make changes to both his prison time and the fine he had to pay. While most judges agreed, one judge thought that rather than changing the sentence directly, the case should be sent back for a new sentencing hearing.

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F 2015-738

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In OCCA case No. F 2015-738, Richard Jerrel Jackson appealed his conviction for multiple drug-related offenses and driving with a suspended license. In an unpublished decision, the court decided to reverse and dismiss some of the charges while affirming the rest of the conviction. One judge dissented. Jackson was found guilty of possessing methamphetamine, marijuana, alprazolam, drug paraphernalia, and driving with a suspended license. His sentences included life imprisonment for the methamphetamine conviction and varying years for the other charges, all to be served consecutively. Jackson raised several arguments on appeal, mainly focusing on claims of double jeopardy, ineffective counsel, and evidence errors. The court found that it was wrong for Jackson to be convicted of possession of three drugs when they were all found together. The State agreed that this violated the rules against double punishment, leading to a reversal of the convictions related to the marijuana and alprazolam. For the other claims, including the effectiveness of Jackson's lawyer and various evidentiary issues, the court ruled largely in favor of the trial's findings, concluding that Jackson had not demonstrated any substantial harm or errors that affected his conviction significantly. This included affirming the use of prior felony convictions for sentencing enhancements and the handling of evidence during the trial. In summary, while the court dismissed two of the charges against Jackson, it upheld the others and determined that there were no significant errors in how the trial was conducted. The judges agreed on most aspects of the case, with one judge expressing a differing opinion on some points.

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F-2014-870

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In OCCA case No. F-2014-870, Ricco Dante Walters appealed his conviction for possession of a sawed-off shotgun, possession of drug paraphernalia, and possession of a firearm after a former felony conviction. In a published decision, the court decided to affirm the convictions for possession of a sawed-off shotgun and possession of drug paraphernalia but reversed the conviction for possession of a firearm after a former felony conviction with instructions to dismiss. One judge dissented.

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S-2015-446

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In OCCA case No. S-2015-446, James Leonard Martinez appealed his conviction for unlawful possession of a controlled drug with intent to distribute, unlawful possession of drug paraphernalia, and operating without mud flaps. In a published decision, the court decided to affirm the District Court's ruling that suppressed evidence in the case. One judge dissented. The case began when Officer Porter stopped Martinez's vehicle because he believed it lacked the required mud flaps, which the officer thought was a violation of the law. However, the trial court found that Martinez's car had fenders, and according to the statute, if a vehicle has fenders, it does not need mud flaps. Thus, the officer's stop was not justified. The State argued that even if the law did not apply to Martinez's vehicle, Officer Porter had a reasonable but mistaken belief about the law when he stopped Martinez. However, the trial court ruled that the officer's misunderstanding of the law was not reasonable because the law's language was clear. The court reviewed the officer's actions and concluded that he made a mistake of law, which means he misunderstood the actual law regarding mud flaps. Because of this, the court agreed with the trial court's decision to suppress evidence gathered during the stop and to dismiss the case against Martinez. Ultimately, the court confirmed that the stop was not lawful and upheld the trial court's ruling.

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S-2014-759

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In OCCA case No. S-2014-759, #x appealed his conviction for #y. In an unpublished decision, the court decided to affirm the lower court’s dismissal of the case. #n dissented. In this case, the State of Oklahoma charged Chad Allan Lunsford with serious drug crimes. The police found a large amount of methamphetamine and other drug-related items in a car after they stopped the driver for a traffic violation. The driver, Gloria Caffey, was arrested, and Lunsford was also taken into custody after the police found the drugs. Lunsford said the case should be thrown out because the State didn’t prove that he owned or knew about the drugs. He argued that just being in the car wasn’t enough to show that he controlled the drugs. The judge in the district court agreed with Lunsford and dismissed the case, saying there wasn’t enough evidence to show that he had control over the drugs. The court explained that just being near drugs doesn’t mean someone is guilty. There has to be more proof, showing that the person really knew the drugs were there and had control over them. For example, in this case, the drugs were found in a bottle with Caffey's name on it, and she admitted they were hers. Also, there was no clear evidence that Lunsford was trying to hide anything, and he didn’t try to run away when he could. When the State appealed the judge’s decision, the higher court looked at the facts carefully. They reviewed whether the lower court made a mistake in its decision. The higher court found that the lower court was correct in dismissing the case because they didn’t have the right evidence to show Lunsford was guilty. Thus, they agreed to keep the lower court's dismissal. However, one judge did not agree with the decision. This dissenting judge thought that the trial court made a mistake by not considering some evidence that could connect Lunsford to the drugs. They felt that there were enough signs showing Lunsford might have had knowledge and control over the drugs, and the matters should have been decided by a jury. Ultimately, the court upheld the lower court's decision to dismiss the case against Lunsford, agreeing that the evidence wasn’t strong enough to prove he was guilty of the drug charges.

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F-2014-889

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In OCCA case No. F-2014-889, Klayton Jordan Kitchens appealed his conviction for possession of controlled dangerous substances, specifically methamphetamine and marijuana, as well as unlawful possession of drug paraphernalia. In an unpublished decision, the court decided to reverse one of the convictions related to marijuana possession but affirmed the other convictions. The events leading to the case began when the police served a search warrant at Kitchens' home in Lawton, Oklahoma, and found methamphetamine and marijuana. They initially found meth but returned later with a new warrant, where they found both drugs and drug paraphernalia in his room. Kitchens argued that having two convictions for possession of different controlled substances violated the law against double jeopardy, which means a person cannot be punished for the same offense twice. The court agreed, stating that both drugs were found as part of one act—meaning one violation of the law. Therefore, he should not have been punished twice for the two different drugs since they were found in the same piece of furniture. On the other hand, Kitchens also argued that the judge made a mistake by making his sentences run consecutively, rather than concurrently. The court disagreed, saying that it was within the judge's authority to decide how the sentences should be served, and there wasn't enough reason to change this decision. In summary, the court reversed the conviction for possession of marijuana since it felt that Kitchens should not be punished twice for the same action, but it upheld the decision on the other drug offenses. The case was sent back to the lower court just for that change.

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