Okla. Stat. tit. 63 § 2-415(D)(3) Archives

F-2005-1146

Post author:Mili Ahosan
Post published:May 18, 2007
Post category:F

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 In an unpublished decision, the court decided to affirm her convictions for counts 1, 2, 4, 5, 6, 7, and 8, but reversed her conviction for count 3, possession of marijuana.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.

F-2003-976

Post author:Mili Ahosan
Post published:September 17, 2004
Post category:F

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 In an unpublished decision, the court decided to modify his sentences but upheld his convictions.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.