Unlawful Delivery

S-2012-554

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In OCCA case No. S-2012-553, Frank Lee Armstrong appealed his conviction for unlawful drug charges. In a published decision, the court decided to affirm the district court's ruling that suppressed the evidence obtained during the search of a vehicle occupied by Armstrong and Sheila Carol Johnson. Johnson also appealed her conviction in a related case, S-2012-554. The court found that the law enforcement officers did not execute the search warrant in a timely manner as required, which led to the suppression of the evidence. The judge's determination was based on the conclusion that the search was not conducted immediately as directed by the issuing judge, and therefore, the court upheld the lower court's decision, sustaining the motions to suppress. No dissenting opinion was filed.

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RE 2008-411

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In OCCA case No. RE 2008-411, Rocky Allen McCracken appealed his conviction for Unlawful Delivery of Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but modified his five-year sentence to time served. One judge dissented.

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F-2005-1094

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In OCCA case No. F-2005-1094, #x appealed his conviction for #y. In a published decision, the court decided to reverse his conviction and remand the case for a new trial. #n dissented. Charles Arnold Fields was found guilty of delivering a controlled drug after having been convicted of felonies before. The jury gave him a sentence of 15 years to life in prison and a big fine. Fields did not like his representation during the trial, and he wanted to fire his lawyers. But the judge told him he could either continue with his lawyers or represent himself with them helping him. The case had three main issues. The first one was about whether Fields gave up his right to have a lawyer in a way that was clear and fair. The second issue questioned whether his long sentence was okay. The last issue looked at whether the judge made a mistake by not allowing Fields to challenge some evidence. The court found that Fields did not really ask to represent himself, and the judge did not explain to him the problems that could arise from not having a lawyer. Because of this, the court said he deserved a new trial. Since they decided on the first issue, they did not need to look into the other two issues. The court's final decision was to cancel the previous judgment and send the case back for a new trial.

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F-2002-1511

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In OCCA case No. F-2002-1511, Helen Rosson appealed her conviction for Unlawful Delivery of a Controlled Drug. In an unpublished decision, the court decided to affirm the judgment but modify the sentence to ten years' imprisonment. One judge dissented, suggesting the sentence should only be reduced to forty-five years, not ten. Rosson was convicted after a jury trial where she was sentenced to fifty years and a large fine. She raised several issues on appeal, including being punished twice for a single event, the unfair introduction of other crimes evidence, prosecutorial misconduct, and the excessive nature of her sentence. The court found her convictions did not violate double jeopardy laws, noted that the evidence of other crimes should not have been included, but concluded that it did not unfairly influence the jury's decision on guilt. The sentence was modified due to the impact that the inadmissible evidence had on the jury’s sentencing decision.

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F-2000-335

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In OCCA case No. F-2000-335, Alfred Lee Horn appealed his conviction for three counts of Unlawful Delivery of a Controlled Dangerous Substance, Trafficking in Illegal Drugs, and Cultivation of Marijuana. In an unpublished decision, the court decided to affirm the judgments but modified the sentences to run concurrently instead of consecutively. One judge dissented, suggesting the sentences should be modified to twenty years each.

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