Single Verdict Form

In OCCA case No. F-2007-690, Eduardo Rivera Fajardo appealed his conviction for trafficking in illegal drugs, failure to obtain a drug tax stamp, and possession of paraphernalia. In an unpublished decision, the court decided to affirm the conviction on the latter two counts and to modify the sentence for the drug trafficking conviction. One member of the court dissented. Fajardo was found guilty of trafficking in cocaine and marijuana, failing to obtain a tax stamp for these drugs, and possessing drug paraphernalia. He was sentenced to a total of 44 years in prison and hefty fines. The appeal raised several issues including whether there was enough evidence for the convictions and whether the arguments made by the prosecutor were improper. The court ruled that the evidence presented at trial was sufficient to find Fajardo guilty. However, the court noted that the prosecutor had exceeded appropriate arguments during the trial. Still, they determined that this did not deprive Fajardo of a fair trial since the evidence against him was strong. However, the court recognized that the way the punishment was presented to the jury was confusing and that it could have affected the sentence given to Fajardo for drug trafficking. As such, they decided to modify Fajardo’s sentence for that conviction from 44 years to 25 years in prison along with a reduced fine. Ultimately, the court affirmed the conviction on the drug tax stamp and possession charges but modified the prison sentence for drug trafficking, ensuring that any errors in the trial process were addressed.