Unlawful Possession

S-2014-786

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In OCCA case No. S-2014-786, the State of Oklahoma appealed the conviction of Douglas Raymond Norwood for misdemeanor possession of marijuana. In an unpublished decision, the court decided to affirm the lower court's ruling, which dismissed the felony charge that the State had brought against him. The court also accepted Norwood's guilty plea for the misdemeanor charge. One judge dissented. The case began when the State charged Norwood with felony possession of marijuana because he had three prior convictions related to drug offenses. Norwood argued that because his past convictions were not from the specific law under which the State was trying to charge him this time, his current charge should be treated as a misdemeanor instead of a felony. The trial court agreed with Norwood and dismissed the felony charge, allowing him to plead guilty to the lesser charge. The State then appealed, but the court explained that its ability to appeal was limited by law. They could only do so in specific situations, one of which is if there has been a dismissal that prevents further prosecution. The court indicated that the trial court had correctly dismissed the felony charge because the law only allows such enhancements to felony charges when a person has previous convictions specifically under that law. The court referred to a similar earlier case, showing that they had already decided against the State in a comparable situation. They reaffirmed that in order to enhance a charge to a felony, the previous convictions must originate from the same specific law, which was not the case for Norwood. In conclusion, the court upheld the decision of the lower court to dismiss the felony charge and accepted Norwood's guilty plea for misdemeanor possession. Thus, the appeal was rejected, and the original ruling was confirmed, with one judge explaining why he disagreed with the outcome.

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RE 2013-0885

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In OCCA case No. RE 2013-0885, Lela Mae Goodwin appealed her conviction for violation of her probation due to several reasons, including drug use and not attending treatment. In an unpublished decision, the court decided to uphold the revocation of her suspended sentences but ordered the district court to remove a part that imposed post-imprisonment supervision. One judge dissented.

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F-2012-559

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In OCCA case No. F-2012-559, Henry James, Jr. appealed his conviction for unlawful possession of cocaine and marijuana, and possession of drug paraphernalia. In an unpublished decision, the court decided to reverse his conviction for unlawful possession of marijuana but affirmed his convictions for unlawful possession of cocaine and drug paraphernalia. One judge dissented. Henry James was charged with having drugs, specifically cocaine and marijuana, and drug paraphernalia in Tulsa County. The charging document combined the possession charges into one count but listed two theories: possession of cocaine (a felony) and possession of marijuana (a misdemeanor). During the trial, the judge split these theories into separate charges for the jury to consider, leading to a verdict of guilty for both. As a result, James received sentences for both charges but they would run at the same time, so he didn't serve extra time. James felt it was unfair that he was found guilty of two crimes from what started as one charge. The court agreed that it was wrong to give him two convictions based on a single charge since the state didn't give him notice that he could face more than one conviction. They noted that James was not properly informed that he could be punished for both drugs, which could lead to confusion. The court decided to dismiss the conviction for unlawful possession of marijuana because of this error. However, they believed his sentence for unlawful possession of cocaine was fair and appropriate, so they did not change that. James also argued that admitting certain information could have negatively affected his case, but the court disagreed and found no significant error from that. Overall, James's judgment for unlawful possession of cocaine and drug paraphernalia was confirmed, but the marijuana conviction was overturned.

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M-2012-416

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In OCCA case No. M-2012-416, #1 Richard Allen House II appealed his conviction for #2 Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided #3 to reverse the conviction and send the case back for further proceedings. #4 One judge dissented. Richard Allen House II was found guilty after a trial without a jury. He was charged for having drug paraphernalia, which is against the law. The judge sentenced him to pay a fine of $250 and spend a year in jail, but he only had to serve 60 days in jail because the rest of his sentence was suspended as long as he followed certain rules. At the beginning of the case, Richard asked the court for a lawyer to help him, and the court agreed. However, later, his attorney wanted to stop helping Richard because they thought he could pay for a private lawyer. This happened after Richard posted bail and was said to be employed. But there was confusion because it was not clear whether the money was for this case or another case he had. Richard ended up representing himself, which means he did not have a lawyer to help him during the trial or the sentencing. After his trial, he asked for a lawyer to help with his appeal, but the judge did not appoint one, saying Richard had enough money to pay for a lawyer himself. This decision was questioned because there was no proper record showing that Richard understood he could still get a lawyer even though he had posted bail. Richard argued that it was wrong for his lawyer to leave and for him to have to represent himself without really understanding what that meant. The State, which is the side that brought the case against him, agreed that there was a problem because there was no formal record to show that Richard had given up his right to a lawyer. The court referred to earlier cases that showed it is important for defendants to have lawyers. If they can't pay for one, they must be given a lawyer unless they clearly waive that right. Since the proper steps weren't taken in Richard's case, the court decided his conviction should be reversed. They sent the case back to the lower court so they could decide if Richard still needed a lawyer or if he had given up that right properly. In summary, the decision noted that everyone deserves a fair chance to defend themselves with legal help, and if they can't afford a lawyer, they should still get one if they need it. The court made it clear that without the correct procedures being followed, they could not allow the conviction to stand.

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F-2012-478

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In OCCA case No. F-2012-478, Michael Ray Baack appealed his conviction for Unlawful Possession of a Controlled Dangerous Substance and Public Intoxication. In an unpublished decision, the court decided to affirm the judgment and sentence of the District Court while remanding the case to correct the judgment regarding the fine on Count 1. One member of the court dissented. Michael Ray Baack was found guilty by a jury in Canadian County for having controlled substances and for being publicly intoxicated. The jury decided that he should serve eight years in prison and pay a $2,000 fine for the drug charge, along with thirty days in jail for public intoxication. The judge ordered both sentences to be served one after the other but waived the fine on the drug charge. Baack raised several questions on appeal. He argued about the evidence being enough to convict him of the drug charge, how other crimes were presented during the trial, the lack of instructions on a lesser drug offense, the fine, and whether his sentence was too harsh. 1. The court found that the evidence showed Baack had knowingly possessed drugs. The jury had enough proof to make a logical decision based on the facts presented. 2. About the other crimes evidence, the court mentioned that Baack had introduced his prior record himself, so he could not complain about that during the appeal since it was his choice to bring it up. 3. Baack's request for a lower charge on drug paraphernalia was not granted because he claimed he was innocent. The court said that when someone claims they did not do something, they cannot ask for lesser charges. 4. The fine for the drug charge was waived, and both Baack and the state agreed that the case should go back to the lower court to correct the documents to show there was no fine. 5. The claim that Baack was hurt by showing his previous felony conviction was denied because it did not affect the outcome of the case. The court stated that the sentences were appropriate and followed the law. In conclusion, the court upheld the findings of the lower court and noted there was no need for a new trial or changes to the verdicts, except for correcting the issue with the fine.

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F-2012-08

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In OCCA case No. F-2012-08, Ralph T. Smith, Jr. appealed his conviction for kidnapping, first-degree robbery, attempted rape, forcible sodomy, first-degree rape, and unlawful possession of a controlled drug. In an unpublished decision, the court decided to modify his sentence on Count I to ten years imprisonment and to remove post-imprisonment supervision from Counts III, IV, and V. One judge dissented. **Summary of the Case:** Ralph T. Smith, Jr. was found guilty of serious crimes against a 76-year-old woman, R.C., after they met at a casino. Smith initiated a friendly interaction with R.C., who ended up offering him a ride. However, he then assaulted her and committed various violent acts, including attempted rape, forcible sodomy, and robbery. The jury sentenced Smith to long prison terms for each conviction. **Key Facts:** - During a day at the casino, Smith befriended R.C. and, after some time, manipulated her into giving him a ride. - Smith then forcibly assaulted R.C. at her house and later at a motel. - After the incident, R.C. reported the crime to her family and the police. **Legal Issues:** 1. **Speedy Trial**: Smith argued that his right to a speedy trial was violated according to the Interstate Agreement on Detainers Act. The court reviewed the timeline of events and denied his claim, stating that the time delays were justified. 2. **Sentencing Instructions**: Smith contested that the jury was improperly instructed about the potential punishment. The court agreed there was an error and modified the sentences accordingly. 3. **Ineffective Assistance of Counsel**: He claimed that he did not get adequate legal representation, particularly related to the sentencing instructions. The court noted that this claim was valid but remedied through the sentence modifications. 4. **Prosecutorial Misconduct**: Smith argued that the prosecutor's comments during closing arguments were inappropriate. The court found the comments were not severe enough to undermine the fairness of the trial. 5. **Jurisdiction**: Smith questioned whether the court had jurisdiction over some charges since the crimes occurred in different counties. The court ruled that jurisdiction was proper because the kidnapping and subsequent crimes were closely connected. 6. **Pro Se Brief**: Smith attempted to submit additional complaints without sufficient support from his attorney. The court denied this attempt due to failure to follow proper procedures. In conclusion, while Smith's sentence modification was granted throughout the appeals process, the court maintained that he was rightly convicted and that the initial trial was fair despite some errors.

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RE-2011-606

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In OCCA case No. RE-2011-606, Douglas Raymond Norwood appealed his conviction for unlawful possession of a controlled drug (cocaine) with intent to distribute. In an unpublished decision, the court decided to affirm the order revoking Norwood's suspended sentences but vacated the portion of the order that unlawfully lengthened his sentences. One judge dissented. Here's a simple summary of what happened in the case: Norwood was given a six-year sentence for possessing cocaine, but this was suspended, meaning he didn’t have to go to jail right away if he followed certain rules. Later, he had problems following those rules, which led to more charges against him for drug possession. He confessed to these new charges and took a plea deal, which resulted in longer sentences. After some time, a judge reviewed his case and decided to reduce his sentences but required him to go to a program called Avalon after he got out of jail. Norwood didn’t manage to get into Avalon because he couldn't pay the admission fees, which led the judge to completely revoke his suspended sentences. Norwood argued in court that the judge shouldn’t have done that because he had followed some of the rules, and he claimed he didn't intend to break those rules. However, the court found that he didn’t follow the requirement to report to Avalon properly. In the final decision, the court agreed with Norwood about a mistake in how his sentence was handled, stating that the judge had taken away more time than he should have. But overall, the court decided that Norwood had violated his probation, so he had to serve his time in jail as determined by the judge.

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C-2012-287

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In OCCA case No. C-2012-287, Jason Harvey Thompson appealed his conviction for Unlawful Possession of Controlled Drug and Unlawful Possession of Drug Paraphernalia. In a published decision, the court decided to grant his petition and remand the case for a hearing. One judge dissented. Thompson had pleaded guilty to two charges and was sentenced to twenty years in prison for the first charge and one year for the second, which would be served at the same time as the first. He later tried to withdraw his guilty plea because he felt he did not receive good help from his lawyer when he was negotiating his plea agreement. He also claimed that the court did not properly check if he understood what he was doing when he accepted the plea and that the facts didn’t support his guilty plea. When Thompson asked to withdraw his plea, the trial court denied his request without holding a hearing on it. Thompson then took his case to the Oklahoma Court of Criminal Appeals, saying that the trial court should have listened to his reasons for wanting to withdraw his plea. The Appeals Court looked at all the information, including the legal rules, and found that the trial court did not follow the required procedures when Thompson wanted to withdraw his plea. According to the rules, the court is required to hold a hearing when someone asks to withdraw a plea, and since this did not happen, the Appeals Court said they needed to send the case back for a hearing. The Appeals Court also addressed an issue with the paperwork related to Thompson's charges, noting that some information in the sentencing document was wrong and needed to be corrected. In conclusion, the Appeals Court granted Thompson's petition, meaning he will get a chance to explain why he wants to withdraw his guilty plea in a new hearing, and they ordered the trial court to fix the sentencing paperwork.

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F-2010-651

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In OCCA case No. F-2010-651, Frank Leroy Gibson appealed his conviction for Manufacture of Controlled Dangerous Substance (Methamphetamine) and Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm Gibson's convictions but modified his sentence on Count I to 25 years of imprisonment instead of Life. One judge dissented regarding the sentencing modification. Gibson was found guilty by a jury of manufacturing methamphetamine and possessing drug paraphernalia after a police search of his home. The jury considered various pieces of evidence, including burned pseudoephedrine blister packs and a coffee grinder with traces of the drug. Gibson argued that there wasn't enough evidence to prove he manufactured methamphetamine, but the court disagreed, stating sufficient circumstantial evidence pointed to his involvement. Gibson also raised concerns about how the jury was instructed regarding a question they had during sentencing discussions. He claimed the response given by the judge was improper. However, the court found that the response did not negatively affect his rights. Another point of appeal involved how the State proved Gibson’s prior felony convictions. Gibson argued that the use of certain documents to establish his past convictions was wrong. The court noted he did not object to this during the trial, so it upheld the use of the documents. Gibson also claimed that his post-arrest silence was mentioned inappropriately during the trial, which could lead to unfair treatment. The court assessed this point and found that the reference did not affect the fairness of the trial overall. Gibson argued that the prosecutor acted inappropriately during the trial, making inflammatory comments and expressing personal opinions. The court examined these claims and concluded that while some comments by the prosecutor were improper, they did not affect the outcome of the trial. There was also a concern about the trial judge informing the jury that Gibson's attorney was facing criminal charges. The court acknowledged the trial court's comments were poorly chosen but ultimately decided that they did not cause significant harm to Gibson’s case. The court determined that while Gibson's sentence was initially excessive due to the previous errors and comments related to the trial, the evidence of his guilt was strong, and thus reduced his sentence on the methamphetamine charge to 25 years in prison. The possession charge remained unchanged and the sentences were to run concurrently. In conclusion, while Gibson’s convictions were upheld, the court modified his sentence for fairness considering the cumulative effects of the prosecutor's statements and the judge's comments.

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F-2009-1067

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In OCCA case No. F-2009-1067, Embry Jay Loftis appealed his conviction for Unlawful Possession of a Controlled Dangerous Substance, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm Loftis's Judgment but modify his Sentence to thirty years imprisonment. One judge dissented. Loftis was found guilty by a jury and received a punishment of forty years in prison and a $10,000 fine. He appealed for several reasons. First, he believed that he was unfairly denied the chance to present witnesses who could help his case. Second, he felt that representing himself during the trial was not properly allowed since the court didn’t check if he was capable of doing so. He also argued that the jury should not have been allowed to consider his past convictions for enhancing his punishment because they were part of the same event. Loftis claimed that missing written jury instructions meant he couldn't fully contest the second part of the trial. He also stated that the prosecutor made improper comments during closing arguments that hurt his chances of a fair trial. Additionally, he questioned if there was enough evidence to prove he had possession of the drugs. Lastly, he thought that all the errors together should lead to a new trial or change in sentencing. After reviewing everything, the court found that while Loftis’ trial was not perfect, the errors did not warrant a reversal of the conviction. However, because of some issues with the sentencing in light of his past convictions and prosecutor comments, they reduced his sentence to thirty years instead of forty. The court maintained that Loftis had enough information to prepare for his appeal, even without the written jury instructions.

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RE-2009-1020

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In OCCA case No. RE-2009-1019, Rico Raynelle Pearson appealed his conviction for revocation of his suspended sentences. In an unpublished decision, the court decided to modify the revocation from a full seven years to three years with four years remaining suspended. One judge dissented. The case involved two prior cases where Pearson pleaded guilty to drug-related charges and received a suspended sentence of seven years. However, the State filed an application to revoke his suspended sentence after he allegedly committed new violations, including possession of drugs and traffic offenses. During the revocation hearing, the judge determined that Pearson had violated his probation and revoked his suspended sentence completely. However, Pearson argued that the evidence against him was not strong enough and that the punishment was too harsh for the minor violations he committed. The appeals court agreed that the original decision to revoke the entire sentence was excessive because the stated reasons were not correct and the violations were minor. The court noted that one reason for the revocation was based on a misunderstanding regarding earlier convictions that were not relevant. Consequently, they reduced the length of the revocation while still affirming the revocation of some portion of his sentences.

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F-2009-774

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In OCCA case No. F-2009-774, John Calvin Winrow, Jr. appealed his conviction for Unlawful Possession of Controlled Drug With Intent to Distribute (Cocaine) and Possession of Controlled Substance (Marijuana). In an unpublished decision, the court decided to affirm Winrow's convictions but remand the case to the district court for a ruling on whether his sentences should be served consecutively or concurrently. One judge dissented regarding the remand for sentencing.

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F-2009-398

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In OCCA case No. F-2009-398, the Appellant appealed his conviction for Unlawful Possession of a Controlled Substance (Phencyclidine) with Intent to Distribute and Unlawful Possession of a Controlled Substance (Marijuana) with Intent to Distribute. In an unpublished decision, the court decided to affirm the conviction for the first count and reverse the conviction for the second count, with instructions to dismiss it. One justice dissented.

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F-2008-786

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In OCCA Case No. F-2008-786, James Dion Smith appealed his conviction for Unlawful Possession of a Controlled Drug. In an unpublished decision, the court decided to reverse the order that had accelerated his Judgment and Sentence and ordered the District Court to dismiss the case. One judge dissented. Smith had originally entered a plea of no contest for possession of a controlled substance, and his sentence was delayed for two years. This means he didn't have to go to jail right away as long as he followed the rules during that time. However, later on, the State of Oklahoma asked the court to speed up Smith's sentence because they believed he had broken the rules. When the court had a hearing to look into the State’s request, they decided to impose Smith's sentence. But Smith argued that the court shouldn’t have done this based on something that happened after his period of supervision had ended. After examining the details, the court agreed with Smith. They found that the reason for speeding up his sentence was tied to a new case that occurred after the time Smith was supposed to be on probation. They decided the lower court was wrong to speed up his sentence and told them to cancel the action against Smith. In the dissenting opinion, the judge felt the court overlooked how the situation happened. This judge pointed out that Smith admitted to not following the rules during his probation. When Smith did not show up for a later hearing, the judge believed the court could still take action against him based on his failure to appear, even if new charges could not be considered. In the end, the main ruling was to reverse the earlier decision and to dismiss the case against Smith.

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F-2008-289

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In OCCA case No. F-2008-289, the appellant appealed his conviction for unlawful possession of a controlled drug, marijuana, and paraphernalia. In an unpublished decision, the court decided to reverse the termination of the appellant from the Drug Court Program, agreeing that the trial court abused its discretion in the decision, and reinstated the appellant to the Drug Court Program. One judge dissented. The case involved the appellant, who had entered a Drug Court Program after pleading guilty to drug charges. Initially, the appellant struggled with substance abuse but made significant progress over the years, living a more stable life and regaining custody of her children. However, the situation changed when she was arrested for driving under the influence after having two drinks on a night out. At a court hearing, her termination from the Drug Court Program was discussed. Some witnesses testified that the appellant's actions should not classify as a relapse in her recovery process since she had remained sober for over 400 days before the incident. They argued that even though she made a poor choice by drinking and driving, it did not warrant her removal from the program, especially since she showed great progress in her life. However, the court disagreed with the trial judge's decision to terminate the appellant. The appellate court found that the termination was not justified since the overall evidence suggested that the appellant could successfully complete the Drug Court Program despite the DUI incident. The court emphasized the importance of allowing participants ample time to change their behaviors and succeed in treatment. As a result, the appellate court reversed the termination order and instructed the lower court to reinstate the appellant in the Drug Court Program, allowing her to continue working toward completing her treatment plan.

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F 2007-1165

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In OCCA case No. F 2007-1165, the appellant appealed his conviction for unlawful possession of a controlled drug with intent to distribute and unlawful possession of drug paraphernalia. In an unpublished decision, the court decided to reverse the order that terminated his participation in the Drug Court program and instructed to reinstate him into the program. One judge dissented. The case began when the appellant pled guilty to two charges related to drug possession in 2003 and was given a sentence with most of it suspended. After allegations of new violations in 2006, he entered the Drug Court program, which aimed to help him stay away from drugs. However, the State filed to terminate him from the program in 2007, claiming he violated the rules. During the appeal, the appellant argued that the court made a mistake by ending his participation in Drug Court. The court considered whether the reasons for termination were valid. The violations included not completing community service, not writing sentences for a sanction, and not bringing a required book to a meeting. However, evidence showed that the appellant was making progress, had a job, and had been clean for a good period. The court found that the claimed violations weren't enough to justify removing him from the program because there was no clear deadline for completing the tasks. The court emphasized that relapses can happen during rehabilitation and that participants should be given chances to improve. Ultimately, they believed that the appellant was still on the right path and deserved to stay in the Drug Court program. The decision was to reverse the termination and allow the appellant to continue with the program. The dissenting opinion argued that the appellant had not followed the rules enough and that the court had to be strict to help him take responsibility for his actions.

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F-2007-636

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In OCCA case No. F-2007-636, Bryan William Long, Jr. appealed his conviction for Unlawful Possession of a Controlled Drug with Intent to Distribute (Methamphetamine). In an unpublished decision, the court decided that the sentence imposed by the District Court was vacated, and the case was remanded to determine the total number of days served under the original sentence. In C-2007-743, the judgment and sentence for Burglary in the Second Degree was affirmed, but the District Court was directed to correct the journal entry regarding prior felony convictions. #1 dissented.

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C-2007-743

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In OCCA case No. F-2007-636, Bryan William Long, Jr. appealed his conviction for Unlawful Possession of Controlled Drug with Intent to Distribute (Methamphetamine). In an unpublished decision, the court decided to vacate the sentence from the District Court in Case No. CF-2004-31 and remand it back for further proceedings, specifically to determine the unserved portion of Long's sentence. Additionally, the court affirmed the judgment and sentence in CF-2006-90, which was for Burglary in the Second Degree. The court clarified that a prior felony conviction enhanced Long's sentence for the burglary conviction. One member of the court dissented.

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F-2007-346

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In OCCA case No. F-2007-346, Shawn Dion Reid appealed his conviction for various drug-related offenses including possession of methamphetamine and marijuana with intent to distribute. In a published decision, the court decided to affirm the termination of Reid from the Drug Court Program; however, it vacated the judgments and sentences imposed on certain counts that had been dismissed prior to his guilty pleas. One judge dissented.

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C-2007-50

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In OCCA case No. C-2007-50, the petitioner appealed his conviction for unlawful possession of a handgun. In an unpublished decision, the court decided to remand the case for a proper hearing on the motion to withdraw the guilty plea. One judge dissented. The petitioner was originally charged in the Oklahoma County District Court with unlawful possession of a handgun based on previous felony convictions. He pleaded guilty to these charges and was sentenced to ten years in prison for each case. These sentences were set to run at the same time, which is known as concurrently. Later, the petitioner asked to withdraw his guilty plea. He believed he did not receive proper legal help during the hearing for this request because his lawyer had a conflict of interest. This means that the lawyer might have been more focused on their own issues instead of helping the petitioner. Even though the petitioner did not raise the problem of the conflict during the hearing, the court found that the situation affected the performance of his lawyer. Because of this, the court decided that the petitioner had been denied his right to effective legal assistance. The court granted the petition for writ of certiorari, which is a formal request to review the decision, and sent the case back to the district court for a new hearing. At this new hearing, the petitioner will have the chance to be represented by a lawyer who does not have a conflict of interest.

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F-2007-269

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In OCCA case No. F-2007-269, Victor Allen Martin appealed his conviction for several drug offenses, including possession of methamphetamine with intent to distribute. In an unpublished decision, the court decided to reverse one of Martin's convictions for possessing methamphetamine without affixing a tax stamp, as there was not enough evidence to support that charge. The court affirmed his other convictions and sentences, agreeing that the evidence was sufficient for them. One member of the court dissented.

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F-2006-736

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In OCCA case No. F-2006-736, Russell Wayne Horn, Jr. appealed his conviction for trafficking in illegal drugs (methamphetamine) and unlawful possession of a controlled drug (cocaine). In an unpublished decision, the court decided to reverse his convictions due to an illegal search of his vehicle. One judge dissented. Russell Horn was found guilty by a jury of two drug-related charges: trafficking methamphetamine and possessing cocaine. He was sentenced to life without the possibility of parole for the trafficking charge and 19.5 years for the possession charge after a police search of his home and vehicle. On February 24, 2005, police executed a search warrant at Horn’s home. When they entered, they found a large sum of money and methamphetamine. When searching Horn’s vehicle with keys found in his apartment, an officer triggered the car alarm. While trying to turn off the alarm, he opened the hood of the car and discovered a bag containing more drugs. Horn argued that the search of his vehicle was illegal, asserting that the search warrant did not specifically mention the vehicle he owned. The trial court had denied his motions to suppress the evidence found in his vehicle, and Horn's appeal claimed this was wrong. The court acknowledged that a good search warrant must clearly identify what can be searched and where. It noted Horn's apartment was described in detail, but the vehicle was only vaguely referred to as a certain vehicle, which could apply to any car. The court found that this lack of specificity made the search unauthorized, leading to the conclusion that the search of Horn's car did not comply with the law. Also, the court considered whether the parked vehicle was part of Horn's home's surroundings, which would allow police to search it. The analysis looked at various factors, concluding that the parking lot was a shared space for multiple tenants and not closely associated with Horn's apartment in a way that would protect it under the Fourth Amendment. The State had argued that even if the warrant was insufficient, the search should still be valid under the good faith rule, which allows for legal searches conducted with honest belief in their legality. However, the court disagreed, stating that the police should have followed the law by specifically describing the vehicle in the warrant. Hence, the good faith exception should not apply in this situation. As a result of the improper search, the court reversed Horn's conviction related to drug trafficking and sent it back for a new trial. The conviction for possessing cocaine was also reversed, with instructions to dismiss that charge altogether. The decision was met with dissent from some judges who believed the officers had enough reasonable cause to search the vehicle based on what they knew about Horn’s activities and the illegal substance sales occurring from his home. These dissenting opinions highlighted that the circumstances surrounding the case should have justified the warrantless search of the vehicle.

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F-2006-341

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In OCCA case No. F-2006-341, Steven Dale Countryman appealed his conviction for attempting to manufacture methamphetamine, unlawful possession of methamphetamine, possession of a police scanner during a felony, and possession of drug paraphernalia. In an unpublished decision, the court decided to affirm the convictions but modify the sentences to run concurrently, with three years of the sentence on the first count being suspended. One judge dissented.

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F-2005-987

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In OCCA case No. F-2005-987, Jimmy Douglas Letterman appealed his conviction for unlawful possession of controlled drug (methamphetamine), unlawful possession of marijuana, possession of a firearm while in commission of a felony, and unlawful possession of paraphernalia. In an unpublished decision, the court affirmed his convictions for possession of methamphetamine, possession of a firearm during the commission of a felony, and unlawful possession of paraphernalia, but reversed his conviction for unlawful possession of marijuana, with instructions to dismiss. One judge dissented.

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F-2005-357

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In OCCA case No. F-2005-357, Bruce Morris Barnett appealed his conviction for trafficking in illegal drugs and misdemeanor possession of marijuana. In a published decision, the court decided that while the trial judge made a mistake by imposing a fine of $100,000 instead of the minimum fine of $25,000, the convictions were upheld. The judge's sentence was modified to change the fine, but the overall decision affirmed the jury's findings regarding the evidence for the convictions. One judge dissented.

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