Possession of a Firearm

RE 2007-0517

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In OCCA case No. RE 2007-0517, the appellant appealed his conviction for possession of a controlled dangerous substance with intent to distribute (cocaine). In a published decision, the court decided to affirm the revocation of the appellant's suspended sentences. The court also decided that the order must be corrected to reflect that one of the sentences was for five years, not ten years. One judge dissented in part, agreeing with the overall decision but raised concerns about the details of the sentencing.

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F-2006-1242

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In OCCA case No. F-2006-1242, Andruss Lee Flowers appealed his conviction for Trafficking in Illegal Drugs, Unlawful Possession of Marijuana with Intent to Distribute, Unlawful Possession of Paraphernalia, Obstructing an Officer, and Possession of a Firearm While in Commission of a Felony. In a published decision, the court decided to affirm his convictions for the latter four counts but modified his conviction for Trafficking in Illegal Drugs to the lesser offense of Possession with Intent to Distribute. One judge dissented regarding the modification of Count I.

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F-2006-538

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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 In an unpublished decision, the court decided to reverse three of the convictions and affirmed the others.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.

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F-2005-901

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In OCCA case No. F-2005-901, Robert Glenn Davis appealed his conviction for Robbery with a Firearm and Possession of a Firearm. In an unpublished decision, the court decided to affirm the conviction for the robbery but modified the sentence for possession to five years. One judge dissented, suggesting that the sentence for robbery should also be reduced. Davis was found guilty in the District Court of Oklahoma County for robbing someone with a gun and for having a firearm when he was not allowed to do so because of past felony convictions. The jury decided on the punishments: thirty years for the robbery and ten years for the firearm possession, which meant he would serve those sentences one after the other. Davis's appeal included several points of error. He claimed that the prosecutor asked him wrong questions about staying silent after his arrest. The court found this was a mistake but also decided that it didn’t change the outcome of the trial. Another point he raised was about how a police officer's testimony was used, but because there was no complaint at the time, it didn't affect his fair trial rights. Davis also argued that he shouldn't have been convicted of both robbery and possession of a firearm, but the court found these were separate actions. He mentioned that the instructions on evidence were wrong, but again the court ruled that they were correct. Regarding a specific rule about how long someone has to serve, the court agreed that they should have mentioned it, leading to some change in sentencing. After looking at everything, the court decided that Davis's conviction for robbery would stay, but the time he had to serve for the firearm possession was cut down to five years. The sentences would still run one after the other. There were different opinions among the judges, with some agreeing entirely with the decision while another thought the robbery sentence should also be lesser.

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F-2005-597

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In OCCA case No. F-2005-597, Keandre Lee Sanders appealed his conviction for robbery with a firearm, shooting with intent to kill, and possession of a firearm after a felony conviction. In an unpublished decision, the court decided to affirm the judgments but modified the sentences for the robbery and shooting charges. One judge dissented. Here’s a simple summary of what happened: Keandre Lee Sanders was found guilty by a jury of three serious crimes. He was sentenced to a total of 60 years after the jury decided how long he should go to prison for each crime. He thought the trial went unfairly and wanted to change his sentence. He had three main reasons for his appeal: 1. He asked the judge to delay the trial because he found new evidence that might help him. His lawyer thought there was a witness who could help, but the judge said no to delaying. The court believed waiting wouldn’t help because the witness was not cooperating. The court looked at everything and decided the lawyer did their best, so they did not grant this appeal point. 2. He believed that the charge of having a gun should not count separately from the other two charges, arguing that they were connected. The court found that having the gun was a separate act from the robbery and the shooting, so they denied this appeal as well. 3. The last point he made was that the jury was not told he would have to serve a certain amount of time before he could be considered for parole. After some review, the court agreed that he should have been told this but decided it was not enough to change his convictions. They did, however, change his sentences, reducing them from fifteen years to twelve years for the robbery charge and from forty years to thirty years for the shooting charge. The sentence for the firearm possession remained the same. The final decision was that while the court agreed with the convictions, they made changes to the length of two sentences. The court issued its order to finalize the decision after they filed their ruling.

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C-2003-1334

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In OCCA case No. C-2003-1334, the petitioner appealed his conviction for multiple crimes, including unlawful possession of a controlled substance, possession of a firearm, and assault and battery with a deadly weapon. In an unpublished decision, the court decided to grant the petition for a writ of certiorari in part and deny it in part. One judge dissented. Rodney Taylor Glenn faced charges in three different cases in the District Court of Washington County. He made a plea agreement, which led to some charges being dropped in return for him waiving a preliminary hearing and pleading no contest. The judge accepted his plea and sentenced him to several years in prison for each of his charges. Later, Glenn wanted to withdraw his plea because he believed there were issues with how it was handled. He argued that the court did not check if he was mentally capable of understanding his plea, that there was not enough evidence for some of the charges, and that he was misinformed about the possible punishments. Glenn also claimed that he did not get the benefit of his agreement and that he did not have effective help from his lawyer. The court reviewed Glenn's arguments. It concluded that Glenn was competent to enter his plea and that there was enough evidence for most of the charges. However, the court agreed that there was not sufficient evidence to support one of the assault charges, which meant Glenn could withdraw his plea for that specific charge. Additionally, Glenn was correctly advised about some of the punishments but misinformed about others, which led to the decision to let him withdraw his plea on those counts as well. The court ultimately decided to keep some of the sentences but allowed Glenn to withdraw his plea for the assault charges and the possession of a firearm while committing a felony based on the errors found. In conclusion, the judgment and sentence were affirmed in part and reversed in part. Thus, Glenn was allowed to change his plea on certain counts, while other parts of his case remained unchanged.

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C-2003-1334

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In OCCA case No. C-2003-1334, Rodney Taylor Glenn appealed his conviction for various crimes. In a published decision, the court decided to allow Glenn to withdraw his plea for some charges but affirmed his conviction for others. One judge dissented. Rodney Taylor Glenn was charged with several crimes in Washington County. He made a deal with the State where some charges were dropped in exchange for him accepting a plea of nolo contendere, which means he didn't admit guilt but accepted the punishment. The judge sentenced him to a total of 35 years for some crimes and 20 years for others, with some sentences running consecutively and others concurrently. Glenn later wanted to change his plea, saying he wasn't fully advised of the possible punishments for his actions. He claimed that the court didn't check whether he was mentally fit to plead, and that he received wrong information about the sentencing ranges for some of his charges. He argued that he should be allowed to withdraw his plea since there was no solid factual basis for one of the charges—assault and battery with a deadly weapon. The court looked at Glenn's arguments carefully. They agreed that the trial court had checked enough to see that Glenn was able to plead. However, they found that they could not support the charge of assault and battery with a deadly weapon based on the facts presented. The court also agreed that Glenn had been given wrong information about the possible punishments for his actions. Because of these issues, the court ruled that Glenn could withdraw his plea for the assault and battery with a deadly weapon and a charge related to a firearm, but they upheld the convictions for the other charges. The final decision meant Glenn was allowed to change his plea for some charges, but the original convictions on others were kept. One judge did not agree with the decision to let Glenn withdraw his plea, arguing that Glenn had made a bargain and should not benefit from mistakes made during the process. This dissent highlighted the complexity of plea agreements and the expectation that all parties would honor the deal made.

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F 2004-1127

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In OCCA case No. F 2004-1127, Charles Clarence Tiger appealed his conviction for multiple charges, including conspiracy to commit a felony and several burglaries. In an unpublished decision, the court decided to reverse and dismiss some of the charges while affirming others. One judge dissented on the reversal of the conspiracy conviction. Tiger faced a jury trial where he was found guilty of numerous crimes, including conspiracy to commit burglary, and was sentenced to serve a long time in prison. He later appealed, arguing several points, including that he didn't get a fair and speedy trial, that his lawyer didn't help him properly, and that he was punished too harshly for his crimes. The court reviewed these claims carefully. They agreed that Tiger's right to a speedy trial was not violated and that his lawyer did provide effective legal help. However, they found that two of the charges against him conflicted with each other. They decided that being punished for both burglary and robbery from the same incident was not right, so they reversed the burglary charge related to that. Additionally, the court felt there wasn't enough evidence to support Tiger's conspiracy charge, so that one was also reversed. While some of Tiger's arguments were accepted, others were rejected. The judges agreed that the remaining charges that stayed upheld were fair and within legal limits, meaning he would still have to serve his time for them. In summary, the court decided to dismiss two of the charges and keep the others, showing that while some of Tiger's claims were valid, many were not. One judge disagreed with the court's choice to dismiss the conspiracy charge, believing there was enough proof to uphold it.

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F-2003-1252

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In OCCA case No. F-2003-1252, Reed appealed his conviction for possession of a firearm after a former felony conviction. In a published decision, the court decided to affirm the conviction but modify the sentence from life imprisonment to twenty years. One judge dissented. Reed faced charges including first-degree murder and possession of a firearm, but the jury could not agree on the murder charge, leading to a mistrial for that count. The state decided not to pursue one of the firearm charges. The jury convicted Reed on the remaining firearm possession charge and recommended a life sentence. On appeal, Reed argued that the trial court made a mistake by not declaring a mistrial for each charge after the jury couldn't reach a verdict on the murder. He believed his life sentence was excessive and went against the Constitution. The court reviewed the facts and concluded that the trial court acted within its rights when it denied Reed's request for a mistrial. However, they found that a life sentence for the firearm possession was too harsh under the circumstances. As a result, they changed Reed's sentence to twenty years in prison instead of life. The final decision was to keep Reed's conviction, but to lessen his punishment.

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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-2003-315

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In OCCA case No. F-2003-315, Shawn William Jacks appealed his conviction for Possession of a Firearm after felony conviction. In an unpublished decision, the court decided to reverse the conviction and remand the case for a new trial. One judge dissented. Shawn Jacks was found guilty by a jury for having a firearm, which is not allowed because he had a previous felony conviction. The jury decided that Jacks should spend five years in prison. He did not agree with this decision and decided to appeal, which means he wanted a higher court to look at the case again. Jacks raised several reasons for his appeal. First, he argued that he did not know he was being tried for the specific crime he was accused of. He also claimed that his lawyer did not help him enough. In addition, he said that some evidence used in the trial was unfair and should not have been allowed. Lastly, he felt that the punishment he received was too harsh. After looking carefully at everything, the court agreed with Jacks and found that he was not properly defended during his trial. They said that his lawyer’s strategy implied that Jacks was guilty, which is not what a lawyer should do. Because of this, the court decided that Jacks should get a new trial where he has a chance to defend himself properly. In conclusion, the court’s decision meant that Shawn Jacks could fight the charges against him again in court.

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F-2002-1454

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In OCCA case No. F-2002-1454, Richard Val Crews appealed his conviction for multiple serious crimes including Rape by Instrumentation, Forcible Sodomy, Kidnapping, Robbery, and others. In an unpublished decision, the court decided to reverse one of the convictions related to the possession of a firearm after conviction, allowing for a new trial on that count. The other convictions were affirmed. One judge dissented, suggesting that the case should be dismissed rather than retried.

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F-2003-44

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In OCCA case No. F-2003-44, Johnny L. Perry appealed his conviction for possession of a controlled substance (cocaine) and possession of a firearm in the commission of a felony. In an unpublished decision, the court decided to reverse the conviction for possession of cocaine and modify the conviction for possession of a firearm to reflect a different charge and a lighter sentence. One judge dissented.

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F-2002-1470

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In OCCA case No. F-2002-1470, Wafford appealed his conviction for several crimes. In a published decision, the court decided to affirm part of the convictions and reverse one of them. One judge dissented. Michael Orlando Wafford was found guilty by a jury of trafficking in illegal drugs, possession of a firearm while committing a felony, possession of a controlled dangerous substance with intent to distribute, and concealing stolen property. The jury gave him a total of fifty-five years in prison for these crimes. There were several issues that Wafford raised in his appeal. First, he argued that there wasn’t enough evidence to support his conviction for possessing a gun while committing a felony and that the evidence for trafficking was also weak. The court, however, found that the evidence was enough to show that Wafford had control over the drugs found and that there was a connection between the gun and the drug crimes. Next, Wafford pointed out that it was unfair to charge him with two different crimes because of the same gun. The court agreed, sending back instructions to dismiss the conviction for concealing stolen property since it stemmed from the same act of having the gun. Wafford also claimed that some evidence during the trial was unfair to him and that he did not get a fair trial because of it. The court found that the objections raised did not significantly affect the outcome of the trial. Overall, the court upheld the conviction for trafficking and the possession of a firearm while committing a felony, concluding that the evidence supported those charges. However, they also ruled that Wafford's conviction for concealing stolen property was not valid and ordered it to be dismissed.

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F-2002-690

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In OCCA case No. F-2002-690, Lonny Boyd Jones appealed his conviction for multiple crimes, including assaulting a police officer and aggravated trafficking in methamphetamine. In an unpublished decision, the court decided to reverse one count against him, affirm the others, and reduce his sentence for aggravated trafficking. One judge dissented. Lonny Boyd Jones was tried in Grady County District Court and found guilty of several charges. He received sentences of five years for assaulting a police officer, two years for possessing a firearm after being convicted of a felony, one year with a fine for resisting an officer, and 35 years plus a fine for trafficking methamphetamine. After his conviction, Lonny appealed the decision, arguing many points, including issues with the arrest warrant, double jeopardy, hearsay evidence, and the effectiveness of his counsel. The court reviewed his claims. They found that the arrest warrant was valid despite not being signed properly. Therefore, Lonny's claim regarding the warrant did not hold. They also decided that his conviction for resisting a police officer was too similar to the assault charge, so that conviction was reversed. Regarding the hearsay evidence and jury instructions, the court found that they did not significantly affect the trial's outcome, and his request for instructions on lesser offenses or defenses was denied because the evidence supported his guilt for the charges he faced. Additionally, the court upheld the introduction of a letter he wrote, agreeing that it was authentic. They dismissed claims of prosecutorial misconduct as the comments made during the trial were fair and justified by the evidence. The court acknowledged that the sentencing instructions were mistaken and modified his sentence for trafficking methamphetamine, reducing it from 35 years to 30 years without a fine. In the end, the court's decision affirmed most of Lonny's convictions, changed one, and modified his sentence.

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F-2002-537

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In OCCA case No. F-2002-537, Andre Lasuan Marshall appealed his conviction for several offenses including shooting with intent to kill. In an unpublished decision, the court decided to reverse one of the charges and affirm the others. One judge dissented. The case began when Marshall was charged with multiple counts, including three counts of shooting with intent to kill, one count of entering a building with unlawful intent, and one count of possession of a firearm after being convicted of a felony. A jury found him guilty on most counts after the trial. He received sentences that the jury recommended, which were to be served at the same time, except for one count. Marshall raised several points for appeal. He argued that the evidence wasn’t strong enough to prove he shot someone with the intent to kill. He also said that the jury should not have been instructed on a lesser charge, that his convictions for possessing a firearm and shooting someone should not count separately, and that some police testimony about gang colors was unfair to him. Marshall believed that the evidence didn’t support one of the building charges and that the jury wasn't given all the necessary instructions. He mentioned that there were problems with what the prosecutor said during the trial and that all of these issues together should lead to his convictions being reversed or his sentences being changed. After reviewing everything, the court agreed some points raised were valid. They decided that Marshall did run from the scene after the shooting and that the evidence showed he was likely the shooter. They did find, however, that it was a mistake to instruct the jury about the lesser charge without a request from the state. Therefore, they reversed that particular conviction related to the shooting but upheld the others. The court concluded that while they were reversing one conviction, the remaining charges were upheld, and Marshall would continue serving his other sentences. One judge disagreed with how the reversal was handled, believing that if a new trial was warranted, it shouldn’t just overturn the charge outright but should instead allow for reconsideration by a jury. So, that’s a summary of the case and what the court decided.

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F 2002-772

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In OCCA case No. F 2002-772, Joseph Alexander Simrak appealed his conviction for Possession of a Controlled Dangerous Substance and Possession of a Firearm after a felony. In an unpublished decision, the court decided to reverse the conviction and remand the case with instructions to dismiss. One judge dissented. The case began when the appellant was arrested. He was found with methamphetamine and a firearm, which he challenged in court, arguing that the arrest was not lawful. The appellant claimed that because his arrest was unlawful, all the evidence found during the arrest should not have been used against him in court. The court agreed with the appellant and found that the information used to justify his arrest was not reliable. Therefore, the evidence from the unlawful arrest should not have been included in the trial. The jury had previously decided that the appellant should go to prison for ten years for each charge, and those sentences were to be served one after the other. However, since the court found the arrest illegal, both convictions were reversed. The remaining issues raised by the appellant were not considered because the ruling on the arrest was significant enough to change the outcome of the case. Ultimately, the court stated that the appellant would not be punished for these convictions due to the way the evidence was obtained.

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F-2002-106

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In OCCA case No. F-2002-106, Christian Satterfield appealed his conviction for Attempted Manufacture of a Controlled Dangerous Substance (Count I), Possession of a Precursor (Count II), and Possession of a Firearm While Committing a Felony (Count III). In an unpublished decision, the court decided to affirm Counts I and III and reverse Count II with instructions to dismiss. One judge dissented. Satterfield was found guilty of attempting to make a dangerous drug and also having items that could be used to make that drug. During the trial, Satterfield's jury said he should be in prison for a total of forty-two years. The court also decided he should pay a big fine. Satterfield's lawyers argued that he shouldn’t be punished for both attempting to make a drug and having items to help make that drug because it was unfair to be punished twice for similar actions. The court agreed and decided that the conviction for having those items should be reversed. They also looked at whether some rules were followed in Satterfield's trial. They decided that even though the lawyers from the Oklahoma Bureau of Narcotics had a big role in the case, it didn’t mean Satterfield didn’t get a fair trial. They said the jury had the right instructions about punishments, despite the defense’s claims. The court found evidence used in the trial was okay and supported Satterfield's conviction for using a gun while committing a felony. In the end, Satterfield's sentences for the first and last counts of his conviction were kept, but they reversed the second count, which meant the charges for possession of a precursor were dropped. The judges all agreed on most parts of the decision, but one judge felt that the way the jury was told about the punishment wasn’t right and thought Satterfield should have received a shorter sentence based on newer laws.

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F-2001-1517

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In OCCA case No. F-2001-1517, Paul Nathan Johnson appealed his conviction for multiple counts related to drug offenses, including Attempt to Manufacture Methamphetamine and Possession of Methamphetamine Within 1000 Feet of a School. In an unpublished decision, the court decided to affirm Johnson's convictions and sentences but vacated the fine imposed for one of the charges. One judge dissented. The case involved Johnson being found guilty of trying to make methamphetamine and having it near a school. He was also charged with having a gun while committing these crimes and having tools used for drug-making. The trial judge gave Johnson a long sentence and hefty fines based on the jury's recommendations. Johnson raised several complaints in his appeal. First, he argued that being convicted for both trying to make meth and having it near a school was unfair. The court decided that both charges were different enough that he could be found guilty of both without it being double punishment. Next, Johnson claimed there wasn't enough proof that he had a gun ready to use while making drugs. However, the court found that there was enough evidence showing he had the gun where he could easily get to it. Johnson also argued that he didn't really start making meth yet. The court disagreed and stated that the evidence showed he was past just planning and was actively attempting to make the drug. Finally, Johnson felt that his sentences were too harsh. The court decided that the judge acted within their rights in giving Johnson the sentences and fines, except for one fine, which they deemed not allowed by the law. In the end, the court confirmed most of Johnson's convictions and sentences but removed the extra fine related to one of the charges.

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F-2001-352

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In OCCA case No. F-2001-352, Virgil Clayton Rose appealed his conviction for several crimes, including the manufacture and possession of methamphetamine, possession of a precursor substance, possession of a firearm while committing a felony, and concealing stolen property. In a published decision, the court found that some of these convictions violated rules against being punished twice for the same crime. The court agreed with the appeal and reversed the convictions for possession of methamphetamine and the precursor substance. The court modified the sentence for possession of a firearm while committing a felony to five years. One judge disagreed with the decision on certain points but agreed with the overall outcome.

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