Possession of Controlled Dangerous Substance Archives - Page 2 of 2

RE-2004-1033

Post author:Staff
Post published:February 28, 2006
Post category:RE

In OCCA case No. RE-2004-1033, Wren appealed her conviction for possession of a controlled dangerous substance (methamphetamine). In a published decision, the court decided to affirm the revocation of her suspended sentence but modified the length of her imprisonment. One judge dissented. Wren had originally been sentenced to four years in prison, which was suspended based on her agreeing to probation terms after entering a nolo contendere plea. She did not follow the rules of her probation on several occasions, which led to her first violation and a thirty-day jail sentence. Eventually, the state filed a second motion to revoke her suspended sentence after she failed drug tests and did not pay court costs. Even after a treatment program, Wren continued to use methamphetamine. When the court determined that she had broken her probation rules again, it revoked her suspended sentence entirely. However, Wren argued that her full sentence shouldn't be four years since part of it had already been executed with her previous thirty-day incarceration. The court agreed that the final sentence was actually longer than it should have been and modified the length to reflect the time she had already served. In the end, the court affirmed the revocation of her suspended sentence but adjusted the total imprisonment time to account for her earlier time served, confirming that she needs to serve three years and three hundred thirty-five days of her sentence.

F 2004-1002

Post author:Staff
Post published:October 26, 2005
Post category:F

In OCCA case No. F 2004-1002, Benny Paul McCartney appealed his conviction for attempted manufacturing of a controlled dangerous substance, possession with intent to distribute, and possession of a controlled dangerous substance. In an unpublished decision, the court decided to affirm his convictions for the first two counts but to reverse and dismiss the third count due to double jeopardy concerns. One judge dissented regarding the reversal of the third count, arguing that the appellant violated two different laws and should be held accountable for both.

J-2004-149

Post author:Staff
Post published:June 23, 2004
Post category:J

In OCCA case No. J-2004-149, a juvenile, referred to as #x, appealed his conviction for possession of a controlled dangerous substance (methamphetamine) and possession of drug paraphernalia. In a published decision, the court decided to affirm the juvenile court's order certifying #x as an adult for possession of methamphetamine but vacated the certification regarding possession of drug paraphernalia. The opinion was agreed upon by all judges, with none dissenting. The case starts with #x being about seventeen years old when he was charged with having methamphetamine and paraphernalia related to drugs. The state wanted to treat #x as an adult, so they asked the court to certify him. After a hearing, the judge decided that #x should indeed be tried as an adult for both charges. #x then appealed the decision, claiming several things were wrong. First, he believed the court made a mistake when it didn't throw out the evidence found on him. #x argued that this evidence was obtained through an unreasonable search, which is not allowed. However, the court found that the police officer had a good reason to search him because of how #x was acting. Thus, the court allowed the evidence to be used. Next, #x argued that the judge shouldn't have decided that he couldn’t be helped or rehabilitated in the juvenile system. The court looked at #x's history and found that he had been in trouble before, had problems with drugs, and was close to turning eighteen. Given these facts, the court agreed with the judge's decision to certify #x as an adult because they felt that #x might not improve in the juvenile system. Finally, #x claimed his lawyer didn’t help him properly, saying the lawyer should have asked for more time to prepare for the hearing and should have provided more evidence on his behalf. However, the court decided that #x did not show how this would have changed the outcome and that these claims were not enough to prove the lawyer was ineffective. In the end, the court decided to allow the charge of possession of methamphetamine to be treated as an adult crime, but they said that the charge for possession of drug paraphernalia should not be. Thus, they upheld part of the decision but overturned part of it too.

F-2003-336

Post author:Staff
Post published:June 21, 2004
Post category:F

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.

F 2002-1009

Post author:Staff
Post published:September 12, 2003
Post category:F

In OCCA case No. F 2002-1009, Rodney Jerome Burton appealed his conviction for trafficking in illegal drugs (cocaine base) and possession of a controlled dangerous substance within 1000 feet of a public park. In an unpublished decision, the court decided to affirm the conviction for trafficking in illegal drugs, but it dismissed the conviction for possession of a controlled dangerous substance within 1000 feet of a public park. One judge dissented. Burton was found guilty of trafficking in cocaine and possession of drugs near a public park. The jury recommended sentences of twenty years for trafficking and ten years for possession, which were to be served at the same time. Burton raised several reasons for his appeal, claiming that the evidence was not strong enough to support the verdicts, and that there were other problems in the trial. The court examined each of his claims, finding that there was enough evidence to support the trafficking conviction. They also decided that the jury was not pushed to come to a verdict and that the trial court followed the rules correctly regarding other pieces of evidence. It was determined that the remarks and actions of the prosecutor did not unfairly affect Burton's trial. The court concluded that there was no error regarding the prior photograph and that Burton's trial lawyer did a good job. Even though Burton wanted to benefit from a change in the law that might have helped him, the court said he was not entitled to that benefit because it didn’t apply to his case. Overall, the court upheld the sentence for trafficking but overturned the possession sentence, telling lower courts to dismiss that charge.

F 2002-532

Post author:Staff
Post published:June 3, 2003
Post category:F

In OCCA case No. F 2002-532, James Jermaine Woodfork appealed his conviction for multiple crimes, including Kidnapping, Assault and Battery with a Dangerous Weapon, Domestic Abuse, and other offenses. In a published decision, the court decided to uphold some of his convictions while reversing others and sending them back to the District Court for dismissal. One member of the court dissented. Woodfork had been found guilty of various charges after a jury trial. He received significant sentences for his convictions, including 25 years for Kidnapping and 30 years for Assault and Battery with a Dangerous Weapon. However, he raised concerns about double jeopardy, arguing that his multiple convictions for similar offenses involving different victims should not have occurred. The court agreed with him on some counts and reversed those convictions. Additionally, the court examined claims of trial errors and prosecutorial misconduct. Even though the prosecutor made some inappropriate comments during the trial, the court concluded that these did not significantly affect the overall fairness of the trial or the jury's decision, so they did not lead to a reversal of the sentence. In summary, some of Woodfork's convictions were upheld, while others were reversed, and he was given a chance for those to be dismissed. This case highlights important legal principles about multiple charges and the rights of defendants in a criminal trial.

F 2002-157

Post author:Staff
Post published:April 1, 2003
Post category:F

In OCCA case No. F 2002-157, Kenneth Lee Dueitt appealed his conviction for Manufacturing a Controlled Dangerous Substance (Methamphetamine), Possession of a Precursor Substance (Red Phosphorus), Possession of a Controlled Dangerous Substance (Methamphetamine), and Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm his convictions for Manufacturing Methamphetamine, Possession of a Controlled Dangerous Substance, and Possession of Drug Paraphernalia while reversing the conviction for Possession of a Precursor Substance and remanding it for a new trial. One judge dissented on the decision regarding the reversal of Count 2.

F-2002-1509

Post author:Staff
Post published:March 18, 2003
Post category:F

In OCCA case No. F-2002-1509, Dontrell Maurice Baird appealed his conviction for trafficking in illegal drugs, possession of controlled dangerous substances, and possession of CDS without a tax stamp, as well as unlawful possession of drug paraphernalia. In an unpublished decision, the court decided to affirm the convictions but required resentencing on the trafficking and possession charges, while upholding the sentence for the possession of drug paraphernalia. One judge dissented. Baird was convicted in the District Court of Payne County on multiple drug-related charges. The jury sentenced him to a total of 82 years in prison across four counts, with some sentences running concurrently and others consecutively. However, Baird appealed on several grounds, claiming that his right to due process was violated due to incorrect jury instructions on punishment, that evidence for some charges wasn't sufficient, and that his sentences were excessive. The court found that errors in the jury instructions affected the punishment range for three of the counts. Both Baird and the State agreed that the jury was not properly informed about the range of penalties for trafficking in cocaine base, possession of marijuana, and possession of CDS without a tax stamp. Baird's prior convictions complicated the appropriate classification of his current offenses, leading to confusion that the jury was not guided through properly. The court established that it would have been correct for the jury to be told about the proper punishment ranges, based on Baird's prior crimes. Given these mistakes in the instructions, the court decided to send the case back for resentencing on those counts without requiring a new trial. Despite Baird's claims that he was deprived of effective legal counsel, the court ruled that the issues raised concerning the jury instructions were enough to grant leniency in this case. The other claims, focusing on the sufficiency of evidence and whether the cumulative errors affected the trial's fairness, were found not to necessitate any further relief. Thus, the court upheld Baird's convictions but needed to correct the sentencing errors related to trafficking and possession charges, while confirming the sentence for unlawful possession of drug paraphernalia as appropriate.

F-2000-617

Post author:Staff
Post published:July 2, 2001
Post category:F

In OCCA case No. F-2000-617, Bernard Eugene Laster, Jr. appealed his conviction for Possession of Controlled Dangerous Substance and Unauthorized Use of a Motor Vehicle. In a published decision, the court decided to affirm the order of acceleration of Laster's sentences for the first two offenses but vacated the judgment for the third offense related to a tax stamp. There was no dissent.