Possession of Methamphetamine

RE-2018-425

  • Post author:
  • Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **ROBERT JOSEPH CLARK, JR.,** **Appellant,** **v.** **STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-425** --- **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** On April 9, 2015, Appellant Clark, represented by counsel, entered a guilty plea to Count 1, Possession of a Controlled Dangerous Substance (CDS) (Methamphetamine), and Count 2, Possession of a CDS (Psilocybin) in Oklahoma County Case No. CF-2014-8289. Sentencing was deferred for five (5) years, subject to terms and conditions of probation. On September 9, 2015, Clark's sentence in Case No. CF-2014-8289 was accelerated, and he was sentenced to eight (8) years each for Counts 1 and 2, all suspended, with terms and conditions of probation. That same date, Clark entered a guilty plea to Count 1, Assault and Battery with a Dangerous Weapon, and Count 2, Possession of a CDS in Oklahoma County Case No. CF-2015-3126. He was sentenced to eight (8) years for each count, all suspended, also subject to terms and conditions of probation. Clark's sentences in Case No. CF-2015-3126 were ordered to run concurrently with his sentences in Case No. CF-2014-8289. Additionally, Clark entered a guilty plea in Oklahoma County Case No. CF-2015-3693 for Possession of a CDS, receiving a sentence of three (3) years, all suspended, which was ordered to be served consecutively to his sentence in Case No. CF-2015-3126. On March 24, 2017, the State filed an Application to Revoke Clark's suspended sentences in all three referenced cases, alleging the commission of new offenses in Oklahoma County Case Nos. CF-2016-7039 (possession of stolen property and possession of drug paraphernalia) and CM-2016-2833 (obstructing an officer and failing to wear a safety belt). Following a revocation hearing on April 17, 2018, the District Court of Oklahoma County, presided over by the Honorable Ray C. Elliott, revoked Clark's suspended sentences in full. Clark's sole proposition of error on appeal alleges an abuse of discretion in revoking his suspended sentences, claiming that the sentence is excessive. The revocation of Clark's suspended sentences is AFFIRMED. The scope of review in a revocation appeal is limited to the validity of the revocation order executing the previously imposed sentence. We examine the basis for the factual determination and assess whether there was an abuse of discretion. It is established that violation of even one condition of probation is sufficient to justify the revocation of a suspended sentence. Based on the appeal record, there appears to be no merit in Clark's contention that the full revocation of his suspended sentences is excessive, nor do we find an abuse of discretion in Judge Elliott's decision. **DECISION** The order of the District Court of Oklahoma County revoking Appellant's suspended sentences in Case Nos. CF-2014-8289, CF-2015-3126, and CF-2015-3693 is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), the MANDATE is ORDERED issued upon the delivery and filing of this decision. --- **APPEARANCES AT TRIAL** **THOMAS HURLEY** **ASST. PUBLIC DEFENDER** **OKLAHOMA COUNTY PUBLIC DEFENDER'S OFFICE** **611 COUNTY OFFICE BLDG.** **320 ROBERT S. KERR AVE.** **OKLAHOMA CITY, OK 73102** **COUNSEL FOR APPELLANT** **KIRK MARTIN** **ASST. DISTRICT ATTORNEY** **OKLAHOMA COUNTY** **320 ROBERT S. KERR SUITE 505** **OKLAHOMA CITY, OK 73102** **COUNSEL FOR THE STATE** **OPINION BY:** LEWIS, P.J. **KUEHN, V.P.J.: Concur** **LUMPKIN, J.: Concur** **HUDSON, J.: Concur** **ROWLAND, J.: Concur** --- [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-425_1734692953.pdf)

Continue ReadingRE-2018-425

C-2017-458

  • Post author:
  • Post category:C

In OCCA case No. MAC-2017-458, Harris appealed her conviction for possession of methamphetamine and possession of drug paraphernalia. In an unpublished decision, the court decided to remand for further proceedings, agreeing that Harris was denied her right to a proper evidentiary hearing to withdraw her guilty plea. One judge dissented, expressing concerns about the approach taken by the majority in requiring a hearing despite the lack of detailed reasoning in the motions to withdraw.

Continue ReadingC-2017-458

F-2014-524

  • Post author:
  • Post category:F

In OCCA case No. F-2014-524, Robert Dewayne Cox appealed his conviction for possession of methamphetamine, possession of marijuana, and public intoxication. In an unpublished decision, the court decided that Cox's conviction for misdemeanor possession of marijuana should be reversed, but the other convictions were affirmed. One judge dissented. Cox was found guilty by a jury in the District Court of Bryan County. The jury recommended a ten-year prison sentence for the methamphetamine charge, one day in jail for marijuana possession, and five days for public intoxication. The sentences were ordered to run concurrently. Cox raised several claims in his appeal. He argued that having two convictions for different drug possessions from the same incident was unfair and violated his protections against double punishment. The court found this claim valid and indicated it was a plain error, meaning it was obvious even though it was not raised during the trial. Next, Cox argued the law enforcement did not properly prove that the drugs taken from him were the same ones tested by the crime lab. The court found that he did not show this as an error as there was enough evidence to link the substances to the case. Cox also stated that the jury was influenced by evidence of other bad acts that should not have been admitted. However, the court decided that this evidence was relevant to the case and did not count as an error. Cox claimed that his attorney did not do a good job of defending him, especially regarding the issues he raised in his appeal. The court concluded that since they found a plain error regarding the possession charge, the claim about ineffective assistance was not necessary to address. Finally, Cox argued that the mistakes in the trial added up to deny him a fair trial. The court determined that while there was a mistake in charging him for both drug possessions, it was an isolated incident and did not create a pattern of errors that would warrant a new trial. In summary, the court upheld Cox's convictions for possession of methamphetamine and public intoxication but reversed the conviction for possession of marijuana because he should not have been punished twice for the same action. The case was sent back to the lower court for necessary actions related to this decision.

Continue ReadingF-2014-524

M-2013-918

  • Post author:
  • Post category:M

In OCCA case No. M-2013-918, the appellant appealed his conviction for direct contempt of court. In a published decision, the court decided to reverse and remand the case for further proceedings. One judge dissented, stating that while the court's warning was correct, the error in not allowing the appellant a chance to be heard was harmless because the appellant's sentence was later reduced.

Continue ReadingM-2013-918

RE-2011-277

  • Post author:
  • Post category:RE

In OCCA case No. RE-2011-277, Johnson appealed his conviction for Feloniously Carrying a Firearm. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but vacated an additional Victim Compensation Assessment. Johnson dissented. The case began when Johnson entered a guilty plea on August 3, 2005, and was sentenced to ten years in prison, with six months of that sentence being served in jail and the rest suspended, meaning he wouldn't have to serve it unless he broke the law again. He was also fined and had to pay a fee for victim compensation to help those who had been hurt by crimes. Later, in November 2005, the State, which is like the government in this case, claimed Johnson broke his probation by getting into trouble again, which included resisting arrest and having drugs. Because of this, on March 10, 2006, the court decided to make him serve eighteen months of his suspended sentence. Johnson continued to have problems. He was charged with more crimes in 2008, including stealing from a house and having drugs. He went through a special program to help people with drug problems and successfully finished it. In June 2010, the court dismissed some applications to revoke his probation because of progress he made. However, on March 1, 2011, the State filed another application saying Johnson broke the rules again, claiming he tried to escape from the police, attacked a police officer, and had more drugs. A hearing was held on March 14, 2011, where the judge decided to revoke ninety months of Johnson's suspended sentence. Johnson argued in his appeal that the judge was wrong to make him pay another victim compensation fee during the revocation hearing. He believed this fee could only be applied when someone was first convicted, and since the revocation wasn't a new conviction, he shouldn’t have to pay it again. The State said it didn’t matter since the record only showed the original fee, but Johnson insisted the extra fee should be removed. The court agreed with Johnson, explaining that a victim compensation fee should only be applied at the time of the original sentencing, not at a revocation hearing. Therefore, the court decided to remove the $200 fee that was added during the revocation. In his final point, Johnson asked the court to lessen the time he had to serve because he had made improvements while on probation. However, the court found that the judge in charge did not abuse his discretion in deciding how long to revoke Johnson's suspended sentence. Overall, the court confirmed the revocation of Johnson’s sentence but dismissed the new Victim Compensation fee.

Continue ReadingRE-2011-277

C-2010-1113

  • Post author:
  • Post category:C

In OCCA case No. C-2010-1113, Rodney Gene Cullins appealed his conviction for several drug-related crimes. In an unpublished decision, the court decided to modify his fine but otherwise affirmed the trial court's judgment and denied his request to withdraw his guilty pleas. One judge dissented. Rodney Cullins was convicted of multiple felonies related to drugs, including manufacturing methamphetamine and possession of methamphetamine and marijuana. He entered a plea agreement that included participating in a Drug Court program, which he did not successfully complete, leading the state to seek his removal from the program. As a result, he was sentenced to life in prison and given various fines. Cullins later tried to withdraw his guilty pleas, claiming double jeopardy (being punished for the same crime twice), receiving incorrect information about his sentencing, and arguing that his sentences were too harsh. However, the court found that he had not raised some of these issues during his trial, making it difficult for them to review his case fully. For one issue regarding a fine that was too high, the court agreed and lowered the fine on one of his charges from $50,000 to $10,000. The court maintained that all other aspects of his sentence would remain as originally imposed. In summary, while Cullins had some success in reducing his fines, the bulk of his appeal was not successful, and his prison terms remained intact.

Continue ReadingC-2010-1113

S-2009-862

  • Post author:
  • Post category:S

In OCCA case No. S-2009-858, Jeffrey Dale Brumfield appealed his conviction for Possession of Methamphetamine. In a published decision, the court decided to affirm the district court's order suppressing evidence. Margaret Ann Brumfield was also charged with the same crime in a companion case numbered S-2009-862, and the same ruling applied. The case began when Trooper Johnson stopped the vehicle driven by Mr. Brumfield for speeding and discovered he did not have a valid driver's license. Mrs. Brumfield was a passenger in the vehicle. During the stop, the officer suspected Mr. Brumfield was under the influence of a drug, so he had both Brumfields sit in the patrol car while he searched the vehicle. Initially, he found nothing, and he allowed them to leave. However, after listening to a conversation the couple had in the patrol car, he suspected there might be drugs under the passenger seat. When he searched again, he found methamphetamine. The State appealed the district court’s decision, arguing that the officer did have the right to search the vehicle due to Mr. Brumfield’s behavior and suspected drug use. However, the court upheld the lower court's decision, stating that reasonable suspicion (which the trooper had) is not enough for probable cause. The initial search was not justified, leading to the suppression of the evidence found later. Thus, the court's final decision affirmed the district court’s ruling that the search was unreasonable, and therefore, the evidence obtained could not be used in court against the Brumfields.

Continue ReadingS-2009-862

S-2009-858

  • Post author:
  • Post category:S

In OCCA case No. S-2009-858, Jeffrey Dale Brumfield appealed his conviction for Possession of Methamphetamine. In a published decision, the court affirmed the district court's ruling that evidence discovered during a search of his vehicle should be suppressed. The ruling was based on the fact that the officer did not have enough probable cause to conduct the search after initially letting the Brumfields go. In this case, one judge dissented. In OCCA case No. S-2009-862, Margaret Ann Brumfield also appealed her conviction for Possession of Methamphetamine. The decision in her case followed the same reasoning as her husband's case, reaffirming the district court's decision to suppress evidence. The judge's ruling was similarly supported by the reasoning that the officer lacked the necessary probable cause for the searches conducted. Again, one judge dissented on the conclusion reached by the majority. The essential facts involved a traffic stop initiated because of speeding and a lack of a valid driver's license. The officer suspected drug use and searched the vehicle, which initially produced no evidence. The second search resulted in the discovery of methamphetamine after a recording revealed incriminating conversation. Ultimately, the court concluded that the officer's actions were not justified legally, leading to the suppression of the evidence collected.

Continue ReadingS-2009-858

S-2009-567

  • Post author:
  • Post category:S

In OCCA case No. S-2009-567, the appellant appealed his conviction for possession of methamphetamine with intent to distribute and possession of drug paraphernalia. In an unpublished decision, the court decided to affirm the district court's order suppressing certain evidence. One judge dissented. Charles Stephens was arrested after police searched his apartment and found illegal drugs. He asked the court to remove the evidence from the case, saying the police had not followed the law when they obtained it. Initially, a lower court agreed to suppress some of the evidence but allowed some to remain. The State, unhappy with this decision, did not properly challenge the ruling. Later, another judge looked at the case and agreed that since the State did not appeal the initial ruling, they had to follow it. The judge then decided that the evidence not suppressed was also obtained through illegal means and thus had to be removed from consideration in the trial. The State argued against this decision, claiming the suppression ruling was wrong and that the defendant did not have a right to claim ownership of some of the evidence. However, the higher court, after reviewing the case, found that the lower court was correct in its rulings. The final decision was to keep the evidence suppressed, meaning it could not be used against the appellant in court.

Continue ReadingS-2009-567

F-2004-82

  • Post author:
  • Post category:F

In OCCA case No. F-2004-82, Billy Dale Lathrop appealed his conviction for multiple crimes, including conspiracy to manufacture methamphetamine and child endangerment. In a published decision, the court decided to affirm the convictions for conspiracy, possession of methamphetamine, possession of precursor chemicals, and possession of paraphernalia, but to reverse the convictions for child endangerment. Three judges dissented regarding one of the convictions.

Continue ReadingF-2004-82

F-2003-772

  • Post author:
  • Post category:F

In OCCA case No. F-2003-772, Amy Marie Flippence appealed her conviction for multiple charges, including conspiracy to manufacture methamphetamine and child endangerment. In an unpublished decision, the court decided to affirm some charges but reversed one conviction for possession of a precursor and also reversed the child endangerment convictions, ordering them to be dismissed. One judge dissented regarding the conspiracy conviction.

Continue ReadingF-2003-772

F 2003-816

  • Post author:
  • Post category:F

In OCCA case No. F 2003-816, John Carl Fike appealed his conviction for possession of cocaine, possession of methamphetamine, and possession of marijuana. In a published decision, the court decided that his conviction for possession of methamphetamine should be reversed and dismissed, but the convictions for possession of cocaine and marijuana were upheld. One member of the court dissented. John Carl Fike was tried and found guilty by a jury for having cocaine, methamphetamine, and marijuana. He was sentenced to five years in prison for cocaine and methamphetamine, with fines, and six months in jail for marijuana, also with a fine. Fike argued that the roadblock where he was stopped was not legal, that he was held unlawfully, and that evidence against him was not properly handled. He also felt his punishments were too harsh and there were multiple errors during his trial that made it unfair. The court looked at these claims. They determined that the roadblock was done correctly. They said that Fike was not held unlawfully and that the evidence was accepted correctly, so those claims didn't change the outcome. However, they found that Fike could not be punished for both cocaine and methamphetamine under the law, which is called double jeopardy. So, they reversed the conviction for methamphetamine. The other sentences were deemed acceptable by the court, which also said he was treated fairly in regards to his trial. Overall, the court upheld the convictions for possession of cocaine and marijuana but ended the conviction for methamphetamine. One judge disagreed with this decision, believing that the stop and search of Fike were not done properly.

Continue ReadingF 2003-816

F-2001-1048

  • Post author:
  • Post category:F

In OCCA case No. F-2001-1048, Wendy Leann Underwood appealed her conviction for Possession of Methamphetamine, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm the conviction but modify the sentence. One judge dissented. Here’s a simple summary of the case: Wendy Leann Underwood was found guilty by a jury for having methamphetamine after she had committed other crimes before. The jury decided she should go to prison for 40 years. However, Wendy thought there were problems with how her case was handled, so she asked a higher court to review it. Wendy raised several points for why she believed her conviction and sentence should be changed: 1. She argued that the police search which found the drugs was not done properly, so the drugs should not have been used against her in court. She also said her lawyer did not fight this issue well enough. 2. She thought the trial did not properly explain to the jury that a person who testified against her was an accomplice and that there should have been supporting evidence for what that person said. 3. Wendy pointed out that many of her past criminal cases were actually part of the same situation, so they should not count as multiple offenses. 4. She believed her punishment should have been based on specific drug laws instead of general laws for repeat offenders. 5. Wendy thought she should get a lighter sentence because of new laws that help non-violent offenders. After looking carefully at everything, the court found that the police search was legal and that Wendy's lawyer did not make a mistake by not challenging it. They also decided that the person who testified against Wendy was not someone who required additional proof, so that was fine too. However, the court agreed that too many of Wendy's past convictions were counted, since many of them happened during the same event. Therefore, they decided to change her sentence from 40 years to 30 years. They felt that was fair based on the laws. Regarding the other issues raised by Wendy, the court determined that the punishment was appropriately based on the laws and that the new laws did not apply to her case. Thus, they kept her conviction but made her time in prison shorter. In conclusion, her conviction stood, but her time in prison was reduced to 30 years, with one judge thinking it should be even less.

Continue ReadingF-2001-1048

F-2001-336

  • Post author:
  • Post category:F

In OCCA case No. F-2001-336, Roger Allen Eddy, Jr. appealed his conviction for manufacturing methamphetamine, possession of a precursor substance, possession of methamphetamine, and possession of a firearm while committing a felony. In an unpublished decision, the court decided to affirm his conviction for manufacturing methamphetamine, reverse his convictions for possession of a precursor substance and possession of methamphetamine, and modify his sentence for possession of a firearm to five years. One member of the court dissented.

Continue ReadingF-2001-336

F-2001-49

  • Post author:
  • Post category:F

In OCCA case No. F-2001-49, John Henry Throckmorton appealed his conviction for manufacturing and unlawful possession of methamphetamine. In a published decision, the court decided to affirm the conviction for manufacturing methamphetamine but reversed the conviction for unlawful possession. One judge dissented. Throckmorton was found guilty by a jury for two counts related to methamphetamine. He was sentenced to 20 years for manufacturing and 10 years for possession. However, Throckmorton argued that being convicted of both offenses was unfair because the laws say a person cannot be punished twice for the same action. The court agreed with him about the possession charge, stating that since the evidence for both charges was the same, it was wrong to convict him for both. As a result, they dismissed the possession conviction while keeping the manufacturing conviction.

Continue ReadingF-2001-49

F-2000-998

  • Post author:
  • Post category:F

In OCCA case No. F-2000-998, Gene Doyle Smothermon appealed his conviction for Possession of Methamphetamine With Intent To Distribute. In an unpublished decision, the court decided to affirm the conviction while modifying the sentence to 30 years imprisonment. One judge dissented. Gene Doyle Smothermon was found guilty of having methamphetamine and was sentenced to serve a long time in prison. The jury first suggested he should go to prison for 75 years, but the judge decided he would serve 30 years instead. Smothermon appealed because he believed there were many mistakes made during his trial. Smothermon raised several issues during his appeal: 1. He argued that some evidence used in the trial was unfair and weak. 2. He said the trial court should have allowed his investigator to testify, claiming this took away his right to present his defense. 3. He felt the evidence against him was not strong enough to prove he was guilty. 4. He claimed the prosecutor made improper statements during the trial. 5. He thought his punishment was too harsh. 6. He believed that many errors added up to cause unfairness in his case. 7. Lastly, he asked the court to fix mistakes in the records about his guilty pleas for less serious charges. The court carefully looked over all the information from the trial, including evidence and arguments. They found that the trial did not make serious mistakes. They agreed that the evidence, including a dog alerting to drugs found in Smothermon's car, was relevant and did connect him to the case. They also ruled that not allowing the defense investigator to testify was reasonable since the investigator was disclosed too late in the trial process. They noted that while the prosecutor made some mistakes in his closing arguments, they were not serious enough to make the trial unfair. The most important point was that the judge was right to lower the original sentence from 75 years to 30 years, which they believed was more appropriate for the crime. In the end, the court confirmed Smothermon's conviction and changed his sentence to 30 years. They also decided that the trial court should correct the records to show the true details of his guilty plea for lesser charges. One judge did not agree with this decision.

Continue ReadingF-2000-998

F-2000-796

  • Post author:
  • Post category:F

In OCCA case No. F-2000-796, Ronald Phipps appealed his conviction for attempting to manufacture methamphetamine, possession of methamphetamine (as a subsequent offense), possession of marijuana, and possession of drug paraphernalia. In an unpublished decision, the court decided to vacate the $1,000 fine for the possession of marijuana but affirmed all other convictions and sentences. One judge dissented on the issue of the fine.

Continue ReadingF-2000-796