F-2006-538
In OCCA case No. F-2006-538, Manh Micahel Mach appealed his conviction for several drug-related offenses. In an unpublished decision, the court decided to reverse three of the convictions and affirmed the others. One member of the court dissented. Mach faced multiple charges, including unlawful possession of cocaine, methamphetamine, and marijuana with the intent to distribute, as well as failure to obtain a drug tax stamp, unlawful use of surveillance equipment, and possession of a firearm during a felony. He was sentenced to numerous years in prison and fines, with all sentences to be served one after the other. The court looked at several issues raised by Mach. First, they confirmed that he had waived his right to a jury trial knowingly. They also found that the police had reasonable suspicion to stop him, which led to a lawful search of his car after he consented. However, Mach's convictions for possessing cocaine, methamphetamine, and marijuana with the intent to distribute were seen as overlapping offenses. He was found guilty of only one violation for possessing these drugs for distribution, meaning the court reversed two of those drug convictions. The court also agreed with Mach that he was wrongly convicted for failing to obtain a tax stamp because there was no evidence presented about this charge. Thus, that conviction was reversed and dismissed. The evidence showed that Mach was guilty of using surveillance equipment to avoid police detection while selling drugs, so that conviction was affirmed. The court held that Mach's overall sentence was not excessive and within legal limits, leading to the conclusion that other convictions must remain as is. In summary, the court reversed and dismissed some convictions while affirming others based on their findings regarding the lawfulness of the search, evidence presented, and the nature of the offenses.