State of Oklahoma v. Courtney Dewayne

Oklahoma City, Oklahoma, criminal defense lawyer represented the Defendant charged with
Counts 1 and 4, unlawful distribution of a controlled dangerous substance (methamphetamine), in violation of 63 O.S.Supp.2003, § 2-401 (A)(1); Counts 2 and 3, trafficking in illegal drugs (methamphetamine), in violation of 63 O.S.Supp.2002, § 2-415; Count 5, conspiracy to commit unlawful distribution of a controlled dangerous substance (methamphetamine), in violation of 63 O.S.2001, § 2-408; Count 6, unlawful possession of a firearm on supervised probation, in violation of 21 O.S.Supp.2002, § 1283(C); and Count 7, maintaining a dwelling where a controlled dangerous substance was kept, in violation of 63 O.S.2001, § 2-404

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based on 21 O.S.Supp.2002, § 51.1 (A)(3), which provides that crimes punishable for a first offense by “five (5) years, or any less term,” are punishable after former conviction by a term not exceeding ten (10) years. However, the maintaining a dwelling statute, 63 O.S.2001, § 2-404 provides the crime is “punishable by imprisonment for not more than five years” and a fine not to exceed $10,000, and thus has no minimum term. The enhancement statute for such crimes is 21 O.S.Supp.2002, § 51.1 (A)(2), providing that if a subsequent felony offense “does not carry a minimum sentence as a first time offender, such person is punishable by imprisonment in the State Penitentiary for a term in the range of two (2) years to life imprisonment.”

in each of Counts 1 and 4, thirty (30) years imprisonment and a $40,000 fine; in each of Counts 2 and 3, fifty (50) years imprisonment and a $100,000 fine; in Count 5, twenty (20) years imprisonment and a $40,000 fine; in Count 6, ten (10) years imprisonment; and in Count 7, eight (8) years imprisonment and a $20,000 fine. The Honorable Virgil C. Black, District Judge, reduced the fines in Counts 2 and 3 to $40,000 each, but otherwise pronounced judgment and sentence in accord with the verdicts, and ordered the sentences served consecutively. Mr. Watts appeals.