F-2004-268
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 In an unpublished decision, the court decided to reverse one of his convictions but upheld the rest.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.