F-2004-281
In OCCA case No. F-2004-281, Lori Jo Schram appealed her conviction for Possession of Precursor Substances with the Intent to Manufacture a Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to affirm the conviction and sentence but vacated the order of restitution. One member of the court dissented. Lori Jo Schram was found guilty by a jury in Grady County after the police found items related to methamphetamine production at a trailer. The jury decided that she should go to prison for ten years, but five years would be suspended, along with a fine of $10,000. The court also said she needed to pay $2,544.46 to the victim. On appeal, Schram raised several points for why she thought her conviction should be reversed. First, she said the trial court made a mistake by not allowing a motion to suppress evidence. She argued the police obtained a search warrant through an illegal search. However, the court explained that an officer was invited to the property and found suspicious items in plain view. Therefore, the court said the search was legal and that the trial court did not make an error. Second, Schram claimed that the prosecution did things that were unfair and that these actions affected her sentence. The court looked at the instances she mentioned and noted that the trial judge told the jury to ignore any improper comments from the prosecutor. The court believed this helped fix any potential errors, and since Schram received a light sentence, the issues raised did not impact it. Finally, Schram argued that the amount of restitution she was ordered to pay was wrong because she was not convicted of manufacturing methamphetamine, only possession. The court agreed that the trial court did not properly determine the restitution amount based on the guidelines, so they decided to vacate that order and send it back to the trial court for a proper assessment. Overall, the court upheld the conviction but changed the restitution order, making it necessary for the trial court to reassess how much Schram owed.