Trafficking

F-2018-418

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In OCCA case No. F-2018-418, Ebrima Tamba appealed his conviction for trafficking in illegal drugs. In an unpublished decision, the court decided to affirm the Judgment and Sentence of the district court. One judge dissented. Ebrima Tamba was sentenced to twenty years in prison for his involvement in trafficking illegal drugs, specifically marijuana. Tamba felt that this sentence was too harsh. He argued that it was unfair because it was longer than the minimum penalty for the crime and that he had less marijuana than what the law required for a more serious charge. He also mentioned that since his arrest, the laws in Oklahoma changed, allowing people with a medical marijuana license to use marijuana legally. However, the court explained that even if laws changed after Tamba's crime, the new laws did not apply to his case. They noted that he was given a sentence that followed the laws in place when he committed the crime, and his sentence was within the legal limits. Tamba also claimed that his lawyer did not help him properly during the trial. He believed his attorney should have challenged how police stopped him and questioned whether the evidence used against him was acceptable. However, the court found that Tamba did not prove that his lawyer's actions negatively affected the outcome of his trial. In conclusion, the court decided that Tamba's twenty-year sentence was appropriate and that his lawyer provided adequate help during his trial. Therefore, his appeal did not lead to any changes in his case.

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F-2018-339

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In OCCA case No. F-2018-339, Gary Julian Gallardo, Jr., appealed his conviction for Trafficking in Illegal Drugs (Methamphetamine) and Conspiracy to Commit Trafficking. In an unpublished decision, the court decided to affirm the judgment and sentence. One member of the court dissented. Gary Gallardo was found guilty of two serious crimes related to drugs. This happened in Jackson County. The jury decided to give him a very long sentence of 40 years in prison for each crime, and these sentences would happen one after the other. When Gallardo appealed, he pointed out a few reasons he believed he should not have been convicted. First, he claimed that the court did not have the right to try him in Jackson County because he believed the crime happened somewhere else. However, the court explained that the issue was actually about where the trial should be held, not whether the court had the power to judge the case. Next, Gallardo said there wasn't enough evidence to prove he was involved in the drug trafficking. The court disagreed after looking at all the evidence and decided that it was enough to show he was part of the crime, even though he was in prison at the time. Gallardo also thought that his trial wasn’t fair because the jury heard about other bad things he had done. The court said this evidence was important to understand his ability to carry out the crime in question. He raised concerns about the way the prosecutors behaved in court, but the court found that their actions did not make the trial unfair or wrong. Gallardo argued that the long sentences he received were too harsh but the court affirmed that his punishments were right given his previous criminal record. Lastly, Gallardo claimed that all the errors during the trial together made it unfair. The court stated that because they didn’t find any actual errors in the trial, there was no unfairness. In summary, the court upheld Gallardo's conviction and sentence, stating there was sufficient evidence, no unfair trial conditions, and that the sentences were appropriate based on his prior convictions.

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F-2014-889

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In OCCA case No. F-2014-889, Klayton Jordan Kitchens appealed his conviction for possession of controlled dangerous substances, specifically methamphetamine and marijuana, as well as unlawful possession of drug paraphernalia. In an unpublished decision, the court decided to reverse one of the convictions related to marijuana possession but affirmed the other convictions. The events leading to the case began when the police served a search warrant at Kitchens' home in Lawton, Oklahoma, and found methamphetamine and marijuana. They initially found meth but returned later with a new warrant, where they found both drugs and drug paraphernalia in his room. Kitchens argued that having two convictions for possession of different controlled substances violated the law against double jeopardy, which means a person cannot be punished for the same offense twice. The court agreed, stating that both drugs were found as part of one act—meaning one violation of the law. Therefore, he should not have been punished twice for the two different drugs since they were found in the same piece of furniture. On the other hand, Kitchens also argued that the judge made a mistake by making his sentences run consecutively, rather than concurrently. The court disagreed, saying that it was within the judge's authority to decide how the sentences should be served, and there wasn't enough reason to change this decision. In summary, the court reversed the conviction for possession of marijuana since it felt that Kitchens should not be punished twice for the same action, but it upheld the decision on the other drug offenses. The case was sent back to the lower court just for that change.

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F-2012-168

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In OCCA case No. F-2012-168, Tommie Joe Moore appealed his conviction for Distribution of a Controlled Dangerous Substance, Possession of a Controlled Dangerous Substance, and Trafficking in Illegal Drugs. In a published decision, the court decided to affirm Moore's convictions but modified his fine on one count. One judge dissented. Moore was found guilty after a jury trial and received a sentence of twenty years for Distribution and a $25,000 fine, ten years for Possession and a $7,500 fine, and twenty-five years for Trafficking with another $25,000 fine. The sentences for the Distribution and Possession counts were ordered to be served at the same time, but the Trafficking sentence was to be served afterward. Moore raised several points in his appeal. He argued that the fine for the Distribution count was too high and that it should be corrected. He claimed that the jury should have been instructed about a lesser charge related to Possession and that he did not get a fair trial because of mistakes made during the trial, including some comments made by the prosecution. He also stated that the sentences he received were too harsh and should not have been served one after another, but at the same time. After reviewing all the evidence and arguments, the court agreed that the fine for the Distribution count was indeed too high and changed it to $10,000. However, the court found that there was no need for a lesser charge instruction, and that the prosecution's actions did not affect the fairness of Moore's trial. The sentences given to Moore were within legal limits, and the court did not think they were excessively harsh. In the end, the court affirmed Moore's convictions but made a change to reduce the fine in one of the counts. This meant that while the convictions stood, Moore would not have to pay the original high fine, and he could continue to serve his sentences as ordered.

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F-2008-1014

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In OCCA case No. F-2008-1014, Marcus Durell Hooks appealed his conviction for trafficking in controlled substances, possession of an offensive weapon in the commission of a felony, and eluding a police officer. In an unpublished decision, the court decided to affirm the convictions but remand the case for correction of the Judgment and Sentence. One judge dissented. Marcus was found guilty by a jury on three counts. His main issues on appeal included claims of improper evidence use, insufficient evidence, ineffective assistance of counsel, excessive sentencing, prosecutorial misconduct, and errors related to jury instructions and sentencing fees. The court reviewed the propositions raised by Marcus and concluded that the trial court didn’t abuse its discretion regarding the police checkpoint situation since the evidence causing the convictions was not a result of the checkpoint. The evidence showed that Marcus had joint control over the drugs and firearms involved in the case. About counsel's performance, the court found no effectiveness issues because the alleged errors did not affect the trial's outcome, nor did the sentencing appear excessively severe. The prosecutor's statements during the trial were also determined not to have harmed Marcus's case. Additionally, the court agreed with Marcus about some fees being improperly assessed but decided that overall, any errors did not combine to deny him a fair trial. Thus, while most of Marcus's complaints were rejected, the court ordered corrections related to the sentencing paperwork.

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F-2007-638

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In OCCA case No. F-2007-638, Watson appealed his conviction for multiple drug-related offenses. In an unpublished decision, the court decided to reverse some of his convictions, modify others, and rescind certain fines. One judge dissented. Watson was found guilty of trafficking in illegal drugs, possession of a firearm during a felony, and other charges. He was sentenced to many years in prison, with his sentences running one after another. Watson argued that the search warrant used to search his home was not valid, that he was unfairly tried for multiple offenses that seemed to be the same crime, that he had been treated unfairly during the trial, and that he didn’t have good representation from his attorney. The court looked closely at the evidence and found that the warrant to search his home was valid. They noticed that the charges for drug trafficking should not have occurred at the same time for methamphetamine and cocaine since this counted as double punishment for one act. Therefore, they decided to reverse that conviction. They also reversed the conviction for possession of a sawed-off shotgun because it was tied to the same act as possessing a firearm during the crime. The court agreed there was enough evidence to support his convictions for having a firearm during a felony and for concealing stolen property. They noted that while the prosecutor made a small mistake during their closing argument, it was unlikely that it would change the outcome of the case since the evidence against Watson was strong. Watson's convictions were modified, which means his sentences were reduced. The court overturned specific unfair fines and affirmed the remaining charges, stating that the changes would not shock anyone’s sense of fairness. The judges believed the final combined sentence still made sense and was fair. In conclusion, while the court made changes to Watson’s convictions and sentences, they found most of the trial's foundation to be reasonable, ensuring that these decisions aligned with the law. The case will return to the lower court to fix some details in line with the appellate court's ruling.

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F-2006-113

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In OCCA case No. F-06-113, Brown appealed his conviction for drug trafficking and other charges. In a published decision, the court decided to affirm the convictions related to drug trafficking and possession with intent to distribute but reversed the conviction for possession of MDMA with intent to distribute, ordering it dismissed. One judge dissented regarding the dismissal of the MDMA possession charge. Brown was on trial for three main charges: trafficking in illegal drugs (crack cocaine), possession of MDMA with intent to distribute, and eluding a police officer. He was sentenced to life in prison without parole for trafficking, along with fines for the other charges. The case started when Brown led police on a car chase. During the chase, he threw out a bag that was later found to contain crack cocaine and MDMA pills. Brown argued that the trial court made mistakes, including not allowing him a continuance to prepare for trial after he decided to represent himself. The court noted that Brown had a long time to prepare since the case had been ongoing for two years and had already received several continuances. When he asked for a delay on the morning of the trial, it was denied since Brown had indicated he wanted to proceed. He also argued that he should have been given a lesser charge of possession with intent to distribute instead of trafficking. However, since he had over 16 grams of crack cocaine, which met the requirements for trafficking, the court did not agree with this. In another point, Brown claimed that having charges related to two different drugs was unfair and violated laws against double punishment for the same act. The court agreed that both drugs were in one bag and thus counted as a single act, leading them to reverse the MDMA conviction. Brown complained about the removal of a juror who was an intern for the public defender's office, claiming it was unjust. The court found that the trial judge acted properly to ensure an unbiased jury since the intern had worked with Brown's attorney. Lastly, Brown argued that his life sentence was harsh and that he was not allowed to present evidence in his favor during sentencing. However, the court pointed out that presenting such evidence is not a right in non-capital cases. Overall, the court upheld most of the trial's decisions while acknowledging a legal distinction that warranted the dismissal of the MDMA charge. One judge disagreed, feeling the convictions were justified and should stand.

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S-2005-890

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In OCCA case No. S-2005-890, Ryan Layne Short and Victor Suarez Ortuno appealed their conviction for drug-related charges. In an unpublished decision, the court decided to affirm the District Court's dismissal of the case against both defendants. One judge dissented. Ryan Layne Short and Victor Suarez Ortuno were charged with several crimes, including trafficking illegal drugs and other drug-related offenses. On September 1, 2005, the District Court decided to dismiss the charges after finding that the traffic stop that led to the arrests was illegal. This decision went through different hearings, with judges initially disagreeing before ultimately siding with the defendants. The main reason for upholding the dismissal was that the officer lacked sufficient evidence to justify the traffic stop. The court reviewed whether the District Court had made any mistakes in handling the case. They concluded that the court had acted correctly by recognizing that there was no valid reason to stop the vehicle. In summary, the court supported the District Court’s decision to dismiss the case against Short and Ortuno because the initial traffic stop was not lawful. This meant that evidence gathered during that stop could not be used against them. One judge disagreed with this outcome, believing that the case should have been handled differently.

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F-2004-268

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In OCCA case No. F-2004-268, Martin Roy Romero appealed his conviction for drug-related crimes. In an unpublished decision, the court decided to reverse one of his convictions but upheld the rest. A judge dissented in part. Romero was found guilty by a jury in Stephens County for three charges: Conspiracy to Traffic in Methamphetamine, Trafficking in Methamphetamine, and Using a Minor to Distribute Methamphetamine. He was sentenced to several years in prison and significant fines. Romero raised several issues on appeal. He claimed that the prosecutor's actions during the trial were unfair and affected his chances for a fair trial. He also argued that he should not have been punished for both conspiracy and trafficking crimes because they stemmed from the same act, saying it was a violation of his rights against double punishment. He thought that the evidence used to convict him of conspiracy was not enough. Lastly, he felt that it was wrong to convict him of using a minor for trafficking and trafficking itself, again arguing it was related to the same act. After reviewing the case, the court found that one of the convictions for trafficking was indeed improperly counted and reversed that decision. They decided that his actions did not violate the rule against double punishment for the other charges. The court concluded that there was enough evidence to support the conspiracy charge. However, the conviction for trafficking was reversed because the same act could not support two different charges. In summary, the court agreed with Romero about the double punishment issue regarding trafficking, but upheld the other convictions. The final decision reversed and remanded the trafficking charge while affirming the rest.

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F-2004-198

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In OCCA case No. F-2004-198, Clonnie A. Layman appealed his conviction for trafficking in illegal drugs (methamphetamine) and driving under the influence of alcohol. In a published decision, the court decided that Layman was entitled to a new trial because the trial court made a mistake by allowing the exclusion of a minority juror without a valid reason. One judge dissented.

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F 2002-809

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In OCCA case No. F 2002-809, the appellant appealed his conviction for trafficking in illegal drugs and possession of a firearm while committing a felony. In a published decision, the court decided to reverse the conviction. One judge dissented. Russell Andrew Doza was found guilty of trafficking in methamphetamine and possessing a firearm during a felony. The trial took place in Logan County, where the judge sentenced him to ten years in prison for the drug charge and two years for the firearm charge. The sentences were set to be served at the same time. The main point of the appeal was whether the police officers had the right to search his car. The appellant argued that the officers were outside their legal area when they conducted the search. The court agreed with him, referencing a previous case that stated police cannot perform searches outside their jurisdiction. Because the evidence used against him was obtained unlawfully, the court found there was not enough evidence to support his convictions. Therefore, they reversed the lower court's decision and instructed that the case be dismissed.

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F 2001-1497

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In OCCA case No. F 2001-1497, Michael Keith Brock appealed his conviction for multiple drug-related offenses. In a published decision, the court decided to reverse his conviction for one count but affirmed the convictions for the other counts. One judge dissented. Michael Brock was found guilty after a jury trial on several counts including manufacturing methamphetamine and trafficking illegal drugs. The court sentenced him to a total of 40 years in prison and fines totaling $185,000. He appealed the decision, raising multiple issues regarding the legality of his search and seizure, his treatment in court, and the sufficiency of the evidence against him. The court reviewed several arguments from Brock. He claimed that the search was unreasonable and violated his rights, and he argued that he should not have been brought before the jury in jail clothes. He also contended that the affidavit for the search warrant did not give enough reason for the police to search him and that the search of a person not named in the warrant was illegal. The court found that Brock did not properly object to many of the issues he raised during the trial. It ruled that the search and seizure were valid and did not violate his rights. They determined that wearing jail clothing did not prejudice him during his trial. While the court agreed that one of the charges—possession of a precursor substance—was incorrectly charged and reversed that conviction, they upheld the remaining convictions. Ultimately, the decision led to the reversal of one count against Michael Brock while affirming the rest of his convictions.

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F 2001-873

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In OCCA case No. F 2001-873, Jerome Wade Hennesy appealed his conviction for Trafficking in a Controlled Dangerous Substance (Cocaine Base). In an unpublished decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. In this case, Jerome Wade Hennesy was found guilty of trafficking cocaine by a jury. The jury decided he should serve ten years in prison and pay a fine of $25,000. Hennesy appealed, arguing that the evidence used against him was not strong enough to prove his guilt and that there was unfair evidence related to other crimes. The court agreed with Hennesy on the second point about the unfair evidence, saying it was a serious mistake that affected the trial. The judges mentioned that since the evidence against him was mostly based on circumstances and not very strong, the mistake couldn't be ignored. They decided that Hennesy needed a new trial, so he could have a fair chance to defend himself. The judges noted that the first point about whether the evidence was sufficient to prove his guilt was no longer important because they were giving him a new trial based on the unfair evidence. They expected the state to have stronger evidence if Hennesy was tried again. So, they made the decision to reverse the previous judgment and order a new trial.

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