Okla. Stat. tit. 63 § 2-408

RE-2019-19

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In OCCA case No. RE-2019-19, Daniel Lee Hart appealed his conviction for revocation of a suspended sentence. In an unpublished decision, the court decided that revoking his suspended sentence without him being present was a violation of his right to due process, and therefore, the revocation was reversed. One judge dissented. Daniel Lee Hart originally pleaded guilty in 2009 to trying to manufacture a controlled substance. He was given a 20-year sentence, with 12 years of that being suspended, meaning he didn't have to serve that part of the time as long as he followed certain rules. One of those rules was that he had to stay clean from drugs and check in regularly with his probation officer. In 2017, the state said that Hart had broken the rules. They said he had used drugs, didn’t show up for meetings with his probation officer in both Oklahoma and Kansas, didn’t register as a drug offender in Kansas, didn’t pay fees for his probation, and hadn’t completed his GED as he was supposed to. Hart later agreed to these claims but was able to be released for drug treatment for a few months before being sentenced. When the time came for his sentencing, Hart did not show up. Because he was absent, the court revoked the suspended part of his sentence completely. This meant he would have to serve the full 20 years instead of just the 8 years that he had left to serve. Hart appealed this decision, saying it was unfair for the court to make such a serious decision without him being there. The court looked at whether Hart's absence affected his right to defend himself. They said that everyone has the right to be present when decisions are made about their punishment. The court noted that Hart had not willingly chosen to skip the sentencing and that his absence could have greatly impacted the outcome. Because of these reasons, the court said Hart deserved a new hearing where he could be present to possibly explain why he wasn’t there and defend himself more fully. The final decision was to send the case back for another hearing. They wanted to make sure Hart had a fair chance to be present when the consequences of his actions were discussed again. In summary, because Hart was missing during a very important hearing, the court agreed that this was a mistake. They reversed the earlier decision and ordered a new hearing where he could be present.

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F-2018-1137

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This document is a summary opinion from the Court of Criminal Appeals of the State of Oklahoma regarding the appeal of Parron Lavon Burrus. Burrus was convicted of conspiracy to distribute methamphetamine and possession of a controlled substance with intent to distribute, after being found guilty by a jury in the District Court of Caddo County. The court sentenced him to 30 years in prison for the first count and 25 years for the second, running consecutively. In the appeal, Burrus contended that the sentences were excessive and should be modified. He argued that the offenses were interconnected and that the trial court exhibited prejudice against him during sentencing, referencing the requirement for his testimony to be under oath and the judge's prior role in prosecuting him. However, the appellate court affirmed the trial court's judgment and sentence. The court noted that the sentences fell within the statutory range, that there is no constitutional right to concurrent sentences, and that Burrus did not demonstrate that the trial judge's actions or previous involvement in prior prosecutions caused an unfair sentencing outcome. The court concluded that there was no abuse of discretion in sentencing, emphasizing the separate nature of the offenses committed by Burrus. In essence, the appeal was denied, and the court's decision was upheld, confirming the sentences imposed on Burrus.

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F-2018-313

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In OCCA case No. F-2018-313, Juan Jose Nava-Guerra appealed his conviction for Aggravated Trafficking in Illegal Drugs and Conspiracy to Commit Aggravated Trafficking in Illegal Drugs. In an unpublished decision, the court decided to affirm the judgment and sentence but modified it to lower the fees assessed. One judge dissented. Nava-Guerra was found guilty by a jury and sentenced to a total of 105 years in prison for each count, which would run at the same time. He argued that his rights were violated during the trial due to several reasons. First, he claimed the trial court allowed hearsay statements that should not have been presented as evidence. However, the court found that since Nava-Guerra himself had introduced similar evidence in his defense, he could not claim there was an error in allowing the State's evidence. Second, he argued that the search of the vehicle he was in was unlawful, claiming that the officer did not have a valid reason to stop the car. The court reviewed the details of the stop and found that there was a valid reason based on the car following too closely behind another vehicle, which justified the officer's actions. Third, he contested the admission of a specific exhibit, which was a transcription of audio from the car. The court decided that, like the first issue, since he used nearly the same exhibit in his defense, he could not argue it was wrong for the State to use it. Finally, Nava-Guerra challenged the fee for his defense attorney, saying it was too high. The court agreed that the fee assessed was higher than allowed by law and modified it to the correct amount. In summary, the court found no significant errors in the trial except for the fees, which needed to be reduced. The final decision was to uphold the conviction but change the fees owed.

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F-2018-411

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In OCCA case No. F-2018-411, Joey Elijo Adames appealed his conviction for Conspiracy to Distribute a Controlled Dangerous Substance and Unlawful Possession of a Firearm by a Convicted Felon. In a published decision, the court decided to uphold his convictions and the order revoking his suspended sentences. One judge dissented. The case began when Adames was charged with several serious offenses. After a trial, a jury found him guilty, and he was sentenced to a total of 45 years in prison. This included 35 years for the conspiracy charge and 10 years for the gun possession charge, and the sentences were ordered to be served one after the other. Adames had previous felony convictions, which affected his sentences. Furthermore, Adames had prior suspended sentences due to earlier charges, including Domestic Assault and Battery with a Dangerous Weapon. The state decided to revoke those suspended sentences after Adames committed the new crimes. During the trial, Adames argued that the prosecutor acted unfairly by making comments that hinted he should have testified, which he did not. He believed this made it hard for him to get a fair trial. However, the court examined Adames' claims. They found that the prosecutor’s comments did not directly force attention to the fact he did not testify and were within the acceptable limits of court arguments. The judges believed the jury was properly instructed to not hold his silence against him, and thus they did not see an error in the trial process. Adames also complained about the sentencing part of the trial, saying the prosecutor made remarks that were inappropriate and could have influenced the jury to give him a harsher sentence. Again, the court found that the comments focused more on his past behavior and did not unfairly sway the jury’s decision. Lastly, about the revocation of Adames' previous suspended sentences, he argued that he should have had a hearing within 20 days after pleading not guilty to the revocation. The court reviewed the record and concluded that Adames had waived his right to that fast hearing when he entered his plea of not guilty. Therefore, the court ruled that since no rule was broken, the revocation of his suspended sentence was valid. In summary, the court found no significant errors in Adames' trial or the revocation order. As a result, his convictions and the revocation of his suspended sentences were upheld, affirming the decisions made by the lower court.

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S-2012-214

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In OCCA case No. S-2012-214, Nhanh Van Dang and Nhi Thi Nguyen appealed their conviction for trafficking in illegal drugs and conspiracy to traffic in illegal drugs. In an unpublished decision, the court decided to affirm the lower court's decision to suppress the evidence, meaning the charges against them could not proceed. One judge dissented. The case began when law enforcement stopped the vehicle driving by Dang and Nguyen. They were suspected of breaking traffic laws, but the court found that the officers did not have enough reason to pull them over. The original judge ruled that there wasn’t enough evidence to support the stop, which led to the suppression of the evidence gathered afterward. The state tried to argue that the stop was justified because of alleged traffic violations. However, the appeals court agreed with the lower court's decision, saying the evidence did not clearly show that the officers had a good reason to stop the vehicle. Since the stop was deemed improper, the gathered evidence could not be used in court against Dang and Nguyen. Therefore, the appeals court confirmed that the right decision was made by the lower court in suppressing the evidence, reinforcing the idea that fair legal procedures must be followed.

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F 2010-1128

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In OCCA case No. F 2010-1128, Chad Allen Turner appealed his conviction for conspiracy to manufacture a controlled dangerous substance (methamphetamine) and conspiracy to traffic a controlled dangerous substance (methamphetamine). In an unpublished decision, the court decided to reverse the conviction for conspiracy to manufacture and affirm the conviction for conspiracy to traffic. One judge dissented. Chad Allen Turner was found guilty of two crimes involving methamphetamine. He was given two years in prison for one crime and fifteen years for the other, and he was ordered to serve these sentences one after the other. Turner believed his convictions were not fair for several reasons. He argued that there was not enough evidence to prove he was guilty of conspiracy to traffic methamphetamine. He also claimed that the prosecutors did not properly show how they handled the evidence of the drugs. Additionally, he felt the prosecutors did not tell the jury about any deals made with witnesses and made mistakes during their closing arguments that hurt his chance for a fair trial. Turner raised several other points about why he thought he should not have been convicted. He argued that he was punished twice for the same crime and that he didn’t get enough notice about the charges against him. He also believed he should have been given instructions about a lesser charge related to the crime. He felt that the court made mistakes during the trial that made it hard for him to get a fair outcome. After looking at all the facts and arguments presented, the court decided that there wasn’t enough proof to uphold one of the conspiracy charges against Turner. They agreed with his argument that there was only one conspiracy agreement, which made it unfair to convict him of both conspiracy charges. Therefore, the court reversed the conviction linked to that charge. However, the court found that there was enough evidence for the conspiracy to traffic charge, and they affirmed that conviction. In the end, the court told Turner that one of the charges against him was overturned and the other charge stood. The dissenting judge had a different opinion about some parts of the decision. In summary, the court agreed to reverse one of Turner's convictions but kept the other, affecting the total time he would spend in prison.

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F-2008-1043

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In OCCA case No. F-2008-1043, William D. Hibdon appealed his conviction for endeavoring to manufacture methamphetamine, possession of a firearm after a felony conviction, and possession of drug paraphernalia. In a published decision, the court decided to reverse and remand his convictions. One judge dissented. Hibdon was found guilty by a jury and was sentenced to a total of 31 years in prison. The convictions were based on evidence found after police officers searched his home without a search warrant. The police had gone to Hibdon’s house after receiving a tip that he was making methamphetamine. When they arrived, they smelled ether, a chemical often used in meth production. After arresting Hibdon, one officer entered the house without a warrant and found more evidence. Hibdon argued that this search violated his rights under the Fourth Amendment, which protects people from unreasonable searches and seizures. He filed a motion to suppress the evidence, but this was denied by the trial court. The appeals court found that the officers had enough time to get a search warrant but did not do so. They decided that there was no immediate danger to the public that would justify the warrantless search. Since the officers did not meet the requirements for an emergency situation, the court believed Hibdon’s rights were violated. Therefore, the evidence obtained during the search could not be used against him. The court reversed Hibdon's convictions and sent the case back for further proceedings. One judge disagreed with the majority's decision, believing that the police acted correctly in their search based on the circumstances they faced at the time. This dissenting opinion asserted that the smell of ether justified a limited check of the house for safety reasons. Overall, the majority decision emphasized the importance of obtaining a proper search warrant to protect individuals' rights, while the dissent highlighted the potential dangers law enforcement officers may face in similar situations.

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F-2005-314

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In OCCA case No. F-2005-314, the appellant appealed his conviction for the Manufacture of a Controlled Dangerous Substance (methamphetamine). In an unpublished decision, the court decided to modify the conviction to Attempting to Unlawfully Manufacture Methamphetamine. One judge dissented. Here’s a summary of the case: Morton D. Hayner was found guilty of making methamphetamine in a trial. The jury sentenced him to life in prison and imposed a $50,000 fine. Hayner argued that the evidence was not enough to prove he manufactured meth, he should have been given chances for lesser charges, and that the fine was too high for him since he didn't have much money. The court looked carefully at the evidence and agreed with Hayner on the first point. They said he was actually trying to manufacture meth but had not finished the process when the police arrived. So, they changed his conviction from manufacturing to attempting to manufacture. On the second point, the court found that Hayner was not denied the chance to consider lesser charges. For the third point, the court decided the fine was appropriate because it matched the seriousness of the crime. In conclusion, Hayner's conviction was changed to Attempting to Unlawfully Manufacture Methamphetamine, but the life sentence and fine were kept the same.

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F-2004-527

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In OCCA case No. F-2004-527, Christopher Dwayne McGee appealed his conviction for distribution of a controlled substance and conspiracy to distribute a controlled dangerous drug. In a published decision, the court decided to reverse the conviction for conspiracy and dismiss that count due to insufficient evidence, while affirming the conviction for distribution. One judge dissented on certain issues. McGee was found guilty in the District Court of Stephens County for distributing a controlled substance and conspiring to distribute another. He received a twenty-year sentence and a fine for each count. He appealed his convictions based on five main arguments. First, McGee claimed there was not enough evidence to support his conspiracy conviction. The court agreed with this claim, stating that for a conspiracy to exist, there must be two parties who agreed to commit the crime. Since there was no evidence showing that another person was involved in the agreement with McGee, the conspiracy charge was dismissed. Second, McGee argued he was denied his right to present mitigating evidence to the jury. The court noted that character evidence is generally not allowed in non-capital cases, therefore finding his claim without merit. Third, McGee said he was denied the right to represent himself in court. However, the court found that he had withdrawn his request to act as his own attorney, so this claim was also dismissed. Fourth, he argued that he did not receive effective assistance from his attorney. The court concluded that McGee's lawyer had successfully achieved the dismissal of two other charges against him and did not fail in his responsibilities. Finally, McGee felt that he had been wrongly made to defend against his past convictions during the trial. The court explained that after a previous plea deal was canceled, his case was reset as if no plea had happened, and thus, he was not unfairly treated by needing to defend against prior offenses. In summary, the court affirmed McGee's conviction for distribution but reversed and dismissed the conspiracy conviction due to a lack of evidence.

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F-2004-268

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In OCCA case No. F-2004-268, Martin Roy Romero appealed his conviction for drug-related crimes. In an unpublished decision, the court decided to reverse one of his convictions but upheld the rest. A judge dissented in part. Romero was found guilty by a jury in Stephens County for three charges: Conspiracy to Traffic in Methamphetamine, Trafficking in Methamphetamine, and Using a Minor to Distribute Methamphetamine. He was sentenced to several years in prison and significant fines. Romero raised several issues on appeal. He claimed that the prosecutor's actions during the trial were unfair and affected his chances for a fair trial. He also argued that he should not have been punished for both conspiracy and trafficking crimes because they stemmed from the same act, saying it was a violation of his rights against double punishment. He thought that the evidence used to convict him of conspiracy was not enough. Lastly, he felt that it was wrong to convict him of using a minor for trafficking and trafficking itself, again arguing it was related to the same act. After reviewing the case, the court found that one of the convictions for trafficking was indeed improperly counted and reversed that decision. They decided that his actions did not violate the rule against double punishment for the other charges. The court concluded that there was enough evidence to support the conspiracy charge. However, the conviction for trafficking was reversed because the same act could not support two different charges. In summary, the court agreed with Romero about the double punishment issue regarding trafficking, but upheld the other convictions. The final decision reversed and remanded the trafficking charge while affirming the rest.

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F 2003-1078

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In OCCA case No. F 2003-1078, Joseph Lee Rick Knight appealed his conviction for endeavoring to manufacture a controlled dangerous substance (methamphetamine). In an unpublished decision, the court decided to affirm the conviction and sentence. However, it ordered a remand to the District Court of Creek County to vacate certain costs associated with the charges for which Knight was acquitted or not prosecuted. One judge dissented. Joseph Knight was found guilty after a bench trial, which means there was no jury, and the judge made the decision. The trial took place over several days, and Knight was sentenced to twenty years in prison, with nine years to be served and the rest suspended. Knight argued four main points in his appeal. First, he said that his arrest and the search of his home were not done lawfully. The court disagreed, stating that the search was allowed because Knight's wife gave permission, meaning the police did not need a warrant. Secondly, Knight claimed that he did not truly understand what it meant to give up his right to a jury trial. The court found that he had given up this right knowingly, so this point was also denied. The third point Knight made was that he could not cross-examine his co-defendant, whose statements were used against him. The court decided this was not a problem because the judge said those statements would only be considered for the co-defendant. Lastly, Knight believed that his sentence was too harsh. The court said the sentence was appropriate based on the laws and did not seem unfair. In summary, the court upheld Knight's conviction and kept his sentence the same but ordered some of the costs to be canceled because he was not convicted on all charges.

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F-2003-976

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In OCCA case No. F-2003-976, Rodney Lamont Garrett appealed his conviction for Conspiracy to Traffic Controlled Dangerous Substance and Attempting to Traffic A Controlled Dangerous Substance. In an unpublished decision, the court decided to modify his sentences but upheld his convictions. One judge dissented. Garrett was tried in a non-jury trial and found guilty of the two counts. He was sentenced to twenty years in prison for each count, but ten years of each sentence were suspended. The sentences were to run at the same time. He appealed, saying that he should not be punished for both crimes since they required the same proof. The court reviewed the case and the evidence. They found that the two crimes were different enough, as each had unique elements that made them separate actions. Garrett had planned with another person to be involved in large-scale drug dealing and met with an undercover agent to buy cocaine. Although the evidence for each crime was similar, the court concluded that they were indeed two separate crimes. The court also noted that Garrett was not entitled to have his suspended sentences based on the laws relevant to the case. Therefore, they decided to remove the suspended part of his sentences and changed them to ten years in prison for each count, still running concurrently. The appeal was denied, meaning his convictions were upheld, but his overall sentence was modified.

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F-2003-336

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In OCCA case No. F-2003-336, Joe Lynn Paddock appealed his conviction for several crimes, including conspiracy to manufacture drugs and possession of drugs with intent to distribute. In a published decision, the court decided to reverse and dismiss one conviction due to lack of evidence but upheld the other convictions and modified some sentences. One judge dissented on the sentencing decision.

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C 2002-1460

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In OCCA case No. C 2002-1460, Skinner appealed his conviction for multiple drug-related charges. In an unpublished decision, the court decided to partially grant his appeal. The court found that the pleas of guilty to some charges were not entered knowingly and voluntarily. Skinner was not properly advised about the punishment he could face, and the fines he received were too high according to the law. Therefore, the court allowed him to withdraw his guilty pleas for certain counts and changed the fine on one of the counts to a correct amount. The court upheld the punishment for one count but denied the appeal for another. A judge dissented on some aspects of the case.

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C-2002-946

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In OCCA case No. C-2002-946, Christopher Dwayne McGee appealed his conviction for distributing controlled substances and conspiracy to distribute controlled substances. In an unpublished decision, the court decided that McGee should be allowed to withdraw his guilty plea. One judge dissented. McGee was originally charged with several counts related to drug distribution in Stephens County. He pleaded guilty to all the charges and received a 30-year prison sentence with fines. After his plea, McGee argued that he did not receive good legal help and that he did not understand what he was agreeing to when he pleaded guilty. He also claimed that he should not be punished twice for the same crime. The main issue was about an agreement he had with the State regarding his plea. McGee believed that the charges would not be enhanced because the State agreed to drop certain parts of his case. However, he was later sentenced with enhancements due to prior felony convictions, which he felt was unfair. The State admitted that McGee's plea was based on a misunderstanding about the charges and enhancements. They suggested that he should be allowed to withdraw his plea, and the court agreed. As a result, the court decided that McGee could go back to the District Court to change his guilty plea.

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C-2003-298

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In OCCA case No. C-2003-298, Edward Charles Scott appealed his conviction for Distribution of Controlled Dangerous Substance and Conspiracy to Distribute Controlled Dangerous Substance. In a published decision, the court decided to affirm the denial of the motion to withdraw guilty pleas and remand the case for resentencing. One member of the court dissented. Edward Charles Scott was charged with two counts of distributing drugs and one count of conspiring to distribute drugs in Stephens County. On November 19, 2001, he pleaded guilty to all charges and was sentenced to 40 years in prison for each count, with the sentences running at the same time, and he was also fined $2,500 for each count. Scott later filed a Motion to Withdraw the Plea, claiming that his lawyer did not help him properly. He had a hearing on this motion, but the court refused his request. Scott also filed other motions seeking to remove his guilty pleas and sought help for an appeal later on. The court allowed him an appeal out of time after concluding that his lawyer had not filed the appeal correctly. Scott raised several points in his appeal. He argued that the trial court should have given him a new lawyer when he claimed his lawyer wasn’t doing a good job. He also believed he should be allowed to take back his guilty pleas because he didn’t understand everything. He felt his prison sentence was too long and suggested the trial court did not check if he was really able to understand what he was pleading guilty to. Lastly, he argued that there was not enough proof that he was guilty of conspiracy. After reviewing everything, the court decided Scott did not show that his lawyer had a real conflict of interest. There was no evidence that Scott did not understand what he was doing when he pleaded guilty, as he admitted his guilt during the processes. The court noted that being unhappy with the length of his sentence was not a valid reason to withdraw a guilty plea. The court found some mixed statements about whether Scott was sentenced as a repeat offender or a first-time offender. These inconsistencies meant the case needed to go back to the lower court for a new sentencing. While the court thought the original inquiry into Scott’s mental competence could have been better, the records showed he was capable of understanding his charges and the guilty pleas he entered. The court also confirmed that there was a sufficient factual basis for the conspiracy plea. In the end, the court agreed with some points but decided Scott's case needed to return for resentencing due to the unclear basis for his sentence, even as they upheld the rejection of his motion to withdraw his guilty pleas.

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F-2001-1488

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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.

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F-2001-529

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In OCCA case No. F-2001-529, Cesar Diaz, also known as Jorge Limon, appealed his conviction for conspiracy to traffic a controlled dangerous substance (marijuana) and drug trafficking (marijuana). In an unpublished decision, the court decided to affirm two of his convictions but reversed nine other counts related to using a communication facility to facilitate the commission of a felony. One judge dissented. Cesar Diaz was found guilty after a jury trial that took place in March 2001. The jury sentenced him to serve thirteen years for conspiracy to traffic marijuana, fifteen years for drug trafficking, and shorter sentences for the other counts along with fines. Diaz raised several points for appeal. He challenged the validity of his confession, claimed that he was denied a fair trial because an attorney from the Oklahoma Bureau of Narcotics acted as a special prosecutor, argued that multiple convictions for the same crimes violated double jeopardy protections, contended that evidence obtained through a wiretap was not authorized, maintained that the prosecution failed to prove the charges happened in the right location, and argued that money seized from his car should not have been used against him due to an illegal stop. The court carefully reviewed all the claims and found that sufficient evidence supported the confession being voluntary. It determined that the attorney from the Bureau of Narcotics was allowed to assist in the trial, which did not violate any rules. The court also concluded that having convictions for both conspiracy and trafficking did not violate the double jeopardy rule. However, the court agreed with Diaz’s argument on the venue issue concerning the communication facility charges. It stated that the prosecution needed to prove that the phone calls were made or received in Oklahoma County, but they failed to do so. Therefore, the counts related to using a communication facility were reversed and dismissed. In summary, the court upheld two of Diaz's convictions but ruled that the other nine were not valid due to a lack of proof regarding venue.

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F-2001-1338

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In OCCA case No. F-01-1338, Henderson appealed his conviction for Distribution of a Controlled Substance (Cocaine) and Conspiracy to Distribute a Controlled Dangerous Substance. In an unpublished decision, the court decided to affirm the conviction for Distribution of a Controlled Substance but dismissed the Conspiracy charge. One judge dissented. Henderson was found guilty by a jury of distributing cocaine and conspiracy to distribute it. The jury recommended a total sentence of thirty-five years for each count, to be served one after the other, along with a hefty fine. On appeal, Henderson raised several issues. He argued that his two convictions were unfair because they were based on the same act, leading to double punishment, which is not allowed. The court agreed with this point and dismissed the conspiracy conviction. The court noted that even though a conspiracy usually stands as a separate crime, in this case, the charges were very closely related and relied on the same actions. Because of this, the law was not followed correctly. While Henderson's other claims about the trial were considered, the judges found them to lack enough merit to change the outcome. The court concluded that enough evidence supported his conviction for distributing cocaine, so that part of the case remained in place, while the conspiracy charge was dropped. Overall, the final decision was that the court upheld the guilty verdict for distribution but reversed the conspiracy conviction.

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F-2000-483

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In OCCA case No. F-2000-483, Debra Gorrell appealed her conviction for several drug-related crimes. In a published decision, the court decided to reverse one of Gorrell's convictions but affirmed the others. One judge dissented. Debra Gorrell was found guilty of crimes including unlawful possession of methamphetamine with intent to distribute, and other drug-related charges. She was sentenced to a total of many years in prison. During her appeal, Gorrell raised several arguments against her convictions. Gorrell argued that the court shouldn't have allowed evidence about her past crimes. She also said she was punished too many times for the same actions and claimed that part of the law used against her was unfair. She disputed the evidence stating she had methamphetamine in front of a child, claimed the testimonies used against her weren't reliable, and said the jury wasn't properly instructed about the crimes. The court reviewed all arguments and found that most of Gorrell's claims did not hold up. They decided that the evidence against her was strong enough for the other convictions. However, they found that Gorrell's conviction for maintaining a dwelling for drug use was not fair, and this conviction was reversed. In the end, the court upheld her other convictions but ordered a new trial for the one related to maintaining a dwelling for drug use.

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F-2000-484

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In OCCA case No. F-2000-484, Sam Henry Watkins appealed his conviction for Endeavoring to Manufacture Methamphetamine. In an unpublished decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. Watkins was tried in a court without a jury and found guilty of trying to make methamphetamine. He was given a 20-year prison sentence. Watkins claimed that there were several mistakes made during his trial that should change the decision. He argued that: 1. He did not properly give up his right to have a jury trial. 2. The police illegally took evidence from him and questioned him. 3. Inappropriate evidence was used against him, which made his trial unfair. 4. He did not have good help from his lawyer. The court looked carefully at all these points and the entire situation. They concluded that Watkins did not show that he willingly gave up his right to a jury trial, which was important. The court noted that there was no proof that he understood what giving up that right meant. Therefore, this was a mistake. As for the evidence collected from Watkins, the court decided that it did not need to change the decision. The court found no error in the way the police handled the evidence during his detention. In the end, the court reversed Watkins's conviction and sent the case back for a new trial. This meant that he would get another chance to defend himself against the charges.

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F 2001-434

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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.

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