Barnes, Robert,
F-2000-671, (June 7, 2001)
(Double Jeopardy/Double Punishment, Maiming, A & B w/ Dangerous Weapon)
Berry, Marcus Dejuan v. State, COCA Case No.
F-2010-547 (January 24, 2012)
(Double Jeopardy/Double Punishment) Convictions for Lewd Molestation and
Kidnapping violate Section 11. Kidnapping count reversed and dismissed.
Bethel, Deandre v. State, COCA Case No.
F-2014-336 (July 15, 2015)
(Double Jeopardy/Double Punishment) Conviction and sentence for robbery with a
firearm vacated because the same charge served as the underlying felony for
conviction of felony murder.
Bowers, Joyce,
F-1999-264, (May 31, 2000)
(Double Jeopardy/Double Punishment, Felony Murder, Merger Doctrine, Caretaker
abuse)
Brock, Michael Keith v. State, COCA Case No. F-2001-1497
(March 12, 2003)
(Double Jeopardy) Convictions for manufacturing methamphetamine and
possession of precursor violate Section 11, double punishment provision.
Precursor conviction reversed with instructions to dismiss.
Brown, Kevin Maurice v. State, COCA Case No.
F-2011-407
(April 29, 2013)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Conviction and
sentence for two counts for possession of the same handgun, and the evidence did
not show that the possession was discontinuous. One conviction reversed with
instructions to dismiss.
Brown, Marlin Virgil Jr. v. State, COCA Case No.
F-2006-113 (March 28, 2007)
(Double Jeopardy/Double Punishment) Possession of two distinct types of
drugs in a single container is a single act. One count reversed with
instructions to dismiss.
Brown, Sherman,
MA-2001-117, (July 3, 2001)
(Double Jeopardy, Sentencing, Death Penalty, Retrial)
Bruner, Ricky Dion v State, COCA Case No. F-2002-108
(April 30, 2003)
(Double Jeopardy) Multiple convictions arising from a single criminal
episode violate prohibitions against double jeopardy. Rape and robbery
convictions affirmed, but kidnapping convictions reversed with instructions to
dismiss.
Burton, Rodney Jerome v. State, COCA Case No. F-2002-1009
(September 12, 2003)
(Double Jeopardy/Double Punishment) Convictions for trafficking and for
possession of CDS within 1000 feet of a park, based upon same act, violated
Section 11. Possession conviction reversed with instructions to dismiss.
Byrd, Claude M. III v. State, COCA Case No.
F-2013-327 (April 10, 2014)
(Double Jeopardy/Double Punishment) Act of taking and carrying away property was
not completed before victim seized and confined. One count of kidnapping
reversed with instructions to dismiss.
Carroll, Bryan Matthew v. State, COCA Case No.
F-2004-1182 (May 18, 2006)
(Double Jeopardy/ Double Punishment; Sentence, Excessive; Jury Instructions,
Misleading/Confusing) Convictions for Failure to stop at Stop Sign and
Attempting to Elude violate statutory prohibition against double punishment.
Evidence insufficient to show A&B with Dangerous Weapon because there was no
evidence that Appellant had the required intent to do bodily harm. Mere
possession of glass device with only the trooper’s opinion it could be used for
smoking drugs is insufficient. Counts reversed with instructions to dismiss.
Jury not properly instructed on range of punishment for speeding, sentence
modified.
Carroll, Marco Lamonte v. State, COCA Case No.
F-2010-495 (April 4, 2012)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Conviction for
Using a Vehicle to Facilitate Intentional Discharge of Firearm and conviction
for Second Degree Murder, in the commission of Using a Vehicle to Facilitate the
Intentional Discharge of a Firearm violate constitutional protections from
double jeopardy. Non-murder count reversed with instructions to dismiss.
Cato, Spencer v. State, COCA Case No.
F-2019-82 (August 27, 2020) (Double
Jeopardy/ Double Punishment) Count dismissed due on double punishment grounds;
Possession of Firearm AFC and Possession of Firearm in Commission of Felony
involved same weapon at the same time.
Ceniceros, Jr., Jesus v. State, COCA Case No.
F-2011-858
(October 5, 2012)
(Double Jeopardy/Double Punishment) Two counts of trafficking based on the
same transactions as another count reversed with instructions to dismiss.
Cheadle, Rodney,
F-2000-386, (June 7, 2001)
(Double Jeopardy/Double Punishment, solicitation and conspiracy to commit murder
Evidence, Sufficiency, First Degree Murder in Furtherence of Drug Distribution;
Illegal Use of Police Radio; Possession CDS with Intent to Distribute)
Choate, Robert Wesley v. State, COCA Case No. F-2001-1488
(January 8, 2003)
(Double Punishment) Convictions for manufacturing CDS and possession of
precursor violates prohibition against double punishment. Possession of
Precursor reversed and dismissed.
Clark, John Douglas v. State, COCA Case No. C-02-1188,
C-02-1190 & C-02-1191
(July 2, 2003)
(Guilty Plea Decisions; Evidence, Sufficiency) Insufficient evidence to
support plea on Maintaining a Vehicle Used for Keeping or Selling CDS. Reversed
with instructions to dismiss.
Cleveland, Fredrick Demon v. State, COCA Case No.
F-2007-58 (January 11, 2008)
(Double Jeopardy/ Double Punishment) Possession of both cocaine base and
marijuana within a single container, constituted a single act of possession. One
count reversed with instructions to dismiss.
Coleman, Rita,
F-1998-1336, (Oct. 8, 1999)
(Double Jeopardy/Double Punishment, Possession of two types of Contraband in
same container)
Colley, Pamela Dee v. State, COCA Case No.
F-2005-1146 (May 18, 2007)
(Double Jeopardy/ Double Punishment) Possession of marijuana merged with the
count of trafficking methamphetamine.
Cooper, Harold v. State, COCA Case No. F-2000-1339
(January 18, 2002)
(Double Jeopardy/Double Punishment; Appellant’s convictions for both
possession of cocaine and marijuana, under facts of case, are improper under
Watkins v. State, 855 P.2d 141 (Okl.Cr. 1992); Marijuana possession conviction
reversed with instructions to dismiss).
Corder, Linda Kaye v. State, COCA Case No. F-2000-1653
(March 21, 2002)
(Double Jeopardy; Convictions for both manufacturing methamphetamine and
manufacturing a precursor substance violated double jeopardy provisions.)
Cox, Michial Allen v. State, COCA Case No.
C-2004-563 (January
13, 2005)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Petitioner was denied
effective assistance of counsel due to an attorney-created conflict of interest
at the hearing to withdraw plea. Certiorari granted and cause remanded for a
proper hearing on the Application to Withdraw Guilty Pleas.
Cox, Robert Dewayne v. State, COCA Case No.
F-2014-524 (July 9, 2015)
(Double Jeopardy/Double Punishment) Possession of meth and marijuana in single
container cannot support two convictions for simple possession of CDS. Marijuana
possession conviction dismissed.
Crandall, John Kyle v. State, COCA Case No.
F-2017-08 (May 10, 2018)
(Double Jeopardy/Double Punishment) Error to convict for both the crimes of
Knowingly Concealing a Stolen Firearm and being a felon in possession of the
same firearm. The count for knowingly concealing stolen property reversed and
remanded with instructions to dismiss.
Creller, Chester Sr. v. State, COCA Case No. F-2001-962
(September 20, 2002)
(Double Jeopardy/Double Punishment.) Convictions for both 1st Degree Rape
and Incest arising from a single act violated Section 11.
D,E,F
Dean Jr., Arnold,
PR-99-1326, (Jan. 14, 2000)
(Double Jeopardy, Mistrial, No Manifest Necessity)
Dimaggio, Jr., Jason Kenneth v. State, COCA Case No.
F-2011-656 (November 1,
2012)
(Double Jeopardy/Double Punishment) Count for possession of oxycodone
dismissed because it was inseparable from the completed robbery in which the
drug was demanded.
Dubiel, John,
F-2000-1427, (Sept. 5, 2001)
(Double Jeopardy/Double Punishment, Bogus checks)
Dueitt, Kenneth Lee v. State, COCA Case No. F-2002-157
(April 1, 2003)
(Double Jeopardy; Variance) Convictions for manufacturing methamphetamine
and possession of precursor violated Double Jeopardy/Double Punishment. Also,
variance between charge made in Information, and the evidence or theory
presented at trial deprived Appellant of adequate notice of what he had to
defend against. Conviction for possession of precursor, Count 2,
reversed and dismissed. (Ruling clarified on rehearing.)
Eddy, Roger Allen Jr. v. State, COCA Case No. F-2001-336
(April 12, 2002)
(Double Jeopardy/Double Punishment; Excessive Sentence; Jury Instructions-
misleading/confusing; Simultaneous convictions for manufacturing and possession
of methamphetamine; possession of precursor substance violated double
punishment. Convictions for possession of precursor and methamphetamine reversed
and remanded with instructions to dismiss. Sentence for possession of firearm
modified; jury erroneously instructed on range of punishment.)
El Mansouri, El Alami v. State, COCA Case No.
F-2003-364 (May 11, 2004)
(Double Jeopardy/ Double Punishment) Convictions for both attempted robbery and
kidnapping of one victim; and kidnapping and pointing a weapon at another victim
violate prohibitions against double punishment/double jeopardy. Two counts
dismissed.
Ellis, Bobby M. v. State, COCA Case No.
F-2006-826
(October 12, 2007)
(Double Jeopardy/Double Punishment) Two counts of Preparing Child
Pornography for a single videotape violated prohibition against double jeopardy.
One count vacated with instructions to dismiss.
Evans, Marvis v. State, COCA Case No.
F-2007-848 (December 19, 2008)
(Double Jeopardy/ Double Punishment; Sentence, Excessive) Simultaneous
convictions for robbery with firearms and pointing a firearm violated
prohibition against double punishment.
Fears. Daniel Hawkes v. State, COCA Case No.
F-2004-1279 (January 26, 2007)
(Double Jeopardy; Evidence, Sufficiency) Court upheld earlier ruling
reversing Murder I conviction because State failed to prove defendant was sane
at the time of the offense. Double Jeopardy principles warranted reversal with
instructions to enter verdict of not guilty by reason of insanity.
Fike, John Carl v. State, COCA Case No.
F-2003-816 (December
16, 2004)
(Double Jeopardy/Double Punishment) Convictions for Possession of both cocaine
and methamphetamine constituted double jeopardy. Methamphetamine conviction
reversed with instructions to dismiss.
Flynn, Steven Allen Jr. v. State, COCA Case No.
F-2006-1168
(February 6, 2008)
(Evidence, Sufficiency; Double Jeopardy/Double Punishment) Murder 2 modified
to Manslaughter 1 and sentence modified because of insufficient evidence nexus
between felony alleged for felony murder and the death of the victim. Also,
separate convictions for possessing two types of CDS violated double punishment
provision.
Foote, Curtis Randall v. State, COCA Case No.
C-2003-845 (May 26, 2004)
(Guilty Plea Decisions; Double Jeopardy/ Double Punishment) Misdemeanor
conviction for threatening an act of violence was part of evidence supporting
felony conviction for witness intimidation. Misdemeanor count dismissed.
Fuentez, Christopher Shane Lee v. State, COCA Case No.
F-2016-626 (July 19, 2018)
(Abuse of Discretion; Double Jeopardy/Double Punishment) Double jeopardy
violation when mistrial was declared over defense objection and mistrial was not
a matter of “manifest necessity.” Reversed with instructions to dismiss.
G,H,I,J,K
Gale, Thomas Edward v. State,
COCA Case No. F-2003-1297
(March 1, 2005)
(Double Jeopardy/ Double Punishment) Act of possessing two different precursor
substances without a permit violates double punishment statutes.
Gaut, Alexander,
F-1998-1279, (Dec. 2, 1999)
(Double Jeopardy/Double Punishment, multiple counts Leaving Scene of
Accident, but only one accident)
Gilford, James Lee Jr. v. State, COCA Case No.
F-2010-1237 (September
5, 2012)
(Double Jeopardy/Double Punishment) Convictions for Robbery, A&B and Assault
while Masked determined to be all one act. Counts for A&B and Assault while
Masked reversed with instructions to dismiss.
Gifford, Claude Thomas v. State, COCA Case No. F-2002-87
(July 9, 2003)
(Double Jeopardy/Double Punishment) Simultaneous convictions for 1st
Degree Robbery by force and fear and A&B with a Dangerous weapon violate
prohibition on double punishment. Robbery conviction and sentence reversed with
instructions to dismiss.
Goldman, Christopher Wayne v. State, COCA Case No.
F-2015-457 (July 20, 2016)
(Double Jeopardy/Double Punishment) Convictions for both rape and incest based
upon the same act violates the double punishment clause of Section 11.
Gonzales, Arnulfo Campos v. State, COCA Case No.
F-2018-989 (January 9, 2020)
(Double Jeopardy/Double Punishment) Convictions for both conspiracy to traffic
and conspiracy to distribute the same methamphetamine violate prohibition
against double punishment. Conspiracy to distribute conviction reversed with
instructions to dismiss.
Gurley, Terrell Dwayne v. State, COCA Case No. C-2001-341
(March 27, 2002)
(Double Punishment; Convictions for both First Degree Burglary and Robbery
with a Firearm arising from the same criminal transaction violates double
punishment.)
Hall, Alexander Brandon v. State, COCA Case No.
C-2011-945
(September 6, 2012)
(Guilty Pleas; Double Jeopardy/Double Punishment) Assault with Dangerous
Weapon is not separate from the act of Robbery with a Weapon. Assault conviction
reversed with instructions to dismiss.
Hampton Jr., Glen,
F-2000-1062 , (Sept. 21, 2001)
(Double Jeopardy/Double Punishment, pointing firearm & possessing
firearm)
Hayes, Charles Randall v. State, COCA Case No.
F-2018-175 (October 31, 2019)
(Double Jeopardy / Double Punishment) Convictions for both manslaughter while
driving under the influence of drugs and misdemeanor driving while under the
influence of drugs violate prohibition against double jeopardy. Misdemeanor
conviction reversed and remanded with instructions to dismiss.
Hayes, Robert Dewayne III v. State, COCA Case No.
F-2007-340
(October 24, 2008)
(Double Jeopardy/ Double Punishment) Convictions for both felony murder and
the underlying felony of shooting with intent to kill violated Section 11
prohibition against double punishment. Count for Shooting with Intent to Kill
dismissed.
Henderson, Deandre Lashawn v. State, COCA Case No.
C-2016-40 (February 9, 2017)
(Guilty Plea Decisions; Double Jeopardy/Double Punishment; Ineffective
Assistance of Counsel) Three of four counts of assault with dangerous weapon
dismissed when four shots fired in rapid succession in one continuous episode
resulted in four convictions and sentences for violation of Double
Jeopardy/Double Punishment. Counsel ineffective for not raising the Double
Jeopardy/Double Punishment issue in the motion to withdraw plea.
Henderson, Sahib Quietman v. State, COCA Case No. F-2001-1338
(September 17, 2002)
(Double Jeopardy/Double Punishment.) Convictions for both Conspiracy to
Distribute CDS and Distribution of CDS based on the same facts violated Section
11.
Henderson, William Eugene v. State, COCA Case No.
C-2008-938 (September 30, 2009)
(Double Jeopardy/Double Punishment; Guilty Plea) Kidnapping conviction
reversed and dismissed as violation of Section 11; it was part and parcel of the
robbery with firearm charge.
Hightower, Carrol Gene v. State, COCA Case No.
F-2003-278
(October 7, 2004)
(Double Jeopardy/ Double Punishment) Convictions for both possessing marijuana
with the intent to distribute and maintaining a dwelling house used for the
keeping of marijuana do not withstand double punishment analysis.
Hollins, Eddie,
F-1998-605, (Sept. 2, 1999)
(Double Jeopardy/Double Punishment, Drive-by Shooting & Assault with
Dangerous Weapon)
Hopkins, Lincoln v. State,
COCA Case No. F-99-150, (Aug.
16, 2000)
(Double Jeopardy, Rape & Kidnapping for Extorting Sexual Gratification)
Hunter, Ricky Louis v. State, COCA Case No.
F-2007-856 (October 10, 2008)
(Double Jeopardy/ Double Punishment) Convictions for lewd or indecent
proposal and using a computer to commit the offense violated Section 11
prohibition against double punishment.
Jackson, Kenneth Kelmer v. State, COCA Case No.
F-2004-184
(January 21, 2005)
(Double Jeopardy/Double Punishment) Convictions for both Accessory after the
Fact and Knowingly Concealing Stolen Property based upon one act violate statute
against double punishment. Concealing conviction reversed with instructions to
dismiss.
Jackson, Richard Jerrel v. State, COCA Case No.
F-2015-738 (August 8, 2016)
(Double Jeopardy/Double Punishment) Three different types of CDS in a single
container is only one conviction not three. Two counts reversed with
instructions to dismiss.
James, Henry Jr. v. State, COCA Case No.
F-2012-559 (February 26, 2014)
(Double Jeopardy/Double Punishment) Possession of two types of drugs in same
container can only result in one conviction. Conviction for possession of
marijuana reversed with instructions to dismiss.
Jeffery, Jermaine Darnell v. State, COCA Case No.
F-2009-335 (July
16, 2010)
(Double Jeopardy/Double Punishment) Plain error occurred when the trial
court entered convictions for first degree felony murder and the underlying
felony. Count for shooting with intent to kill reversed with instructions to
dismiss.
Jennings, Steven R. v. State, COCA Case No.
F-2015-187 (April 7, 2016)
(Double Jeopardy/Double Punishment) Convictions for Domestic Abuse by
Strangulation and Domestic Abuse with Great Bodily Injury resulting from single
transaction violates prohibition against double punishment.
Johnson, Anthony Jerome v. State, COCA Case No.
F-2004-1226 (May 1, 2006)
(Double Jeopardy/ Double Punishment) Convictions for eluding an officer and
obstructing an officer arising from one act violate statutory prohibition
against double punishment. Obstruction count reversed with instructions to
dismiss.
Jones, Heather Ann v. State, COCA Case No.
F-2012-703 (June 12, 2014)
(Double Jeopardy/Double Punishment) Underlying felony for both felony murder and
conjoint robbery was same conduct. Count of conjoint robbery reversed with
instructions to dismiss.
Jones, Lonny Boyd v. State, COCA Case No. F-2002-690
(August 27, 2003)
(Double Jeopardy/Double Punishment; Fines, Fees and Costs or Jury
Instructions - Misleading) Convictions for both Resisting and Officer and
Assault & Battery on a Police Officer constituted double punishment. Trial
court’s punishment instructions were erroneous in applying a superseded
version of the sentence-enhancement statute, and in combining it with a fine
provision from the Uniform Controlled Dangerous Substance Act.
Kemp, Dewayne Edward v. State, COCA Case No.
F-2012-622 (October 15, 2013)
(Double, Jeopardy/Double Punishment) Running sentences concurrently does not
cure error of double jeopardy/double punishment when defendant convicted for
Felony murder in the commission of First Degree Burglary and First Degree
Burglary.
Kirk, Eugene v. State, COCA Case No. F-2001-278
(July 9, 2002)
(Double Punishment; Jury Instructions. Convictions for Domestic Abuse and
Assault and Battery with a Dangerous Weapon arising from one act violate
statutory protections against multiple punishment. Trial court erred in refusing
to give requested instructions on impeachment by prior bad acts when witness
admitted to perjury in a prior trial. Error ruled harmless beyond a reasonable
doubt due to substantial evidence. Count II: Domestic Abuse After Former
Conviction of Domestic Abuse reversed and remanded with instructions to
dismiss.)
Kitchens, Klayton Jordan v. State, COCA Case No.
F-2014-889 (July 17, 2015)
(Double Jeopardy/Double Punishment) Possession of CDS in single container
(dresser in bedroom contained baggie of meth and tobacco can with marijuana) can
only support single conviction. Marijuana possession conviction dismissed.
L,M,N,O
Letterman, Jimmy Douglas v. State, COCA Case No.
F-2005-987 (December 4, 2006)
(Double Jeopardy/ Double Punishment) Convictions for possession of marijuana
and methamphetamine violate the constitutional prohibition against multiple
punishments even though the illegal substances were found in separate caches.
Count for marijuana possession dismissed.
Ledgerwood, Thomas Clinton v. State, COCA Case No.
F-2008-579 (August 19, 2009)
(Double Jeopardy/ Double Punishment) Facts that gave rise to the charge of
kidnapping were inseparable from the facts comprising charges of Maiming and
Domestic A&B. Kidnapping count reversed and dismissed.
Macaulay, Olubanji Milton v. State, COCA Case No.
F-2018-894 (July 2, 2020) (Double
Jeopardy/Double Punishment) Seven convictions for counts of possession of
counterfeit identifications in two separate containers violate prohibition
against double punishment. Five counts reversed and remanded with instructions
to dismiss.
Mach, Manh Michael v. State, COCA Case No.
F-2006-538 (November 15, 2007)
(Evidence, Sufficiency; Double Jeopardy/Double Punishment) One conviction
reversed because State failed to present evidence of it at preliminary hearing.
Two of three Possession of CDS with intent convictions dismissed because they
violated prohibition against multiple punishments for the same offense.
Mackey, Alishia Faith v. State, COCA Case No.
F-2005-58 (December 14, 2006)
(Double Jeopardy/ Double Punishment) Convictions for permitting child abuse
and failure to report child abuse arose from same act, violating the double
punishment prohibition. Failure to report count dismissed.
Martin, Dustin Kyle v. State, COCA Case No.
F-2012-1029 (July
31, 2014)
(Juror Instructions, Lesser Offenses; Double Jeopardy/Double Punishment) Error
to convict for Second Degree Murder and Accessory to Second Degree Murder for
the same homicide. Accessory count reversed with instructions to dismiss.
Mayfield, Cody Wayne v. State, COCA Case No.
F-2014-830 (January 21, 2016)
(Double Jeopardy/Double Punishment) Two types of CDS in single container only
support once conviction, not two. One count reversed and remanded with
instructions to dismiss.
McCandless, Shelly,
F-2000-1241, (Oct. 3, 2001)
(Double Jeopardy/Double Punishment; two of three counts of Possession of CDS
reversed to dismiss)
McCartney, Benny Paul v. State, COCA Case No.
F-2004-1002 (October 26, 2005)
(Double Jeopardy/ Double Punishment) Convictions for Possession of
Methamphetamine w/ Intent to Distribute and Possession of CDS violate double
punishment provisions. Dissent clarifies that the Court finds double punishment
even where multiple charges are filed under different statutes in the drug code.
McKinney, Alphie Phillip v. State, COCA Case No.
F-2013-812 (December 17, 2014)
(Double Jeopardy/Double Punishment) Plain error for three convictions for
possession of CDS all fell under the same provision of Section 2-402, where all
were possessed "in a single container, his vehicle," even though they were in
separate bags in the door panel. Two counts reversed with instructions to
dismiss.
McLaren, Kevon Andra Robe v. State, COCA Case No.
F-2012-1126 (December 19, 2013)
(Double Jeopardy/Double Punishment; Sentencing, Excessive)
Convictions for both kidnapping and robbery violated prohibition against
multiple punishments. Kidnapping count reversed and dismissed.
Merrick, Anthony Logan v. State, COCA Case No.
F-2005-569
(October 19, 2006)
(Sentence, Excessive; Double Jeopardy/ Double Punishment) Multiple images
contained on a single recording or disk do not necessarily support multiple
counts of possession of child pornography. Two convictions sustained because
there were two children involved in different images.
Mikado, Travis Lenard v. State, COCA Case No.
F-2013-788
(December 18, 2014)
(Double Jeopardy/Double Punishment) Plain error for two convictions for
possession of CDS. One count reversed with instructions to dismiss.
Miller, Charles David v. State, COCA Case No.
C-2016-877 (December 7,
2017)
(Guilty Plea Decisions; Sentence, Excessive; Double Jeopardy/Double Punishment)
Sentence imposed for stalking exceeded statutory maximum. Remanded for
resentencing. Judgment and sentence imposed for reckless conduct with a firearm
reversed with instructions to dismiss for double punishment when considered with
another count.
Modesto, Carlos Gomez v. State, COCA Case No. F-2002-1041
(August 7, 2003)
(Double Punishment) Convictions for trafficking in methamphetamine and
cocaine violated prohibition against double punishment.
Mondier, William Forrest v. State, COCA Case No. F-2001-434
(June 5, 2002)
(Jury Instructions - Misleading/ Confusing; Double Jeopardy/ Double
Punishment. Conviction for Maintaining a Place Resorted to by Users of CDS
reversed with instructions to dismiss because "nothing in the record shows
the trier of fact specifically Appellant 'knowingly or intentionally' committed
the offense. Jury instruction omitted element of "knowingly" or
"intentionally". Also, under the "same evidence" test,
possession of marijuana and methamphetamine was a single offense. Marijuana
possession reversed with instructions to dismiss.)
Moore, Charles Edward, Jr. v. State, COCA Case No.
F-2004-1081 (March 28, 2006) (Double Jeopardy/Double Punishment) Convictions for Possession of a Firearm,
After Former Conviction of a Felony and Robbery with a Firearm violate a
statutory prohibition against double punishment. Firearm charge dismissed.
Moore, Phillip,
F-1998-647, (Nov. 3, 1999)
(Double Jeopardy/Double Punishment; Possession CDS & Manufacturing CDS)
Morrison, Waymond George v. State, COCA Case No.
F-2009-749 (May 12,
2011)
(Double Jeopardy/Double Punishment) Convictions for Distributing CDS and
Possession of Proceeds arose from the same act of selling cocaine. Count for
Possession of Proceeds reversed with instructions to dismiss.
Mosely, Daniel Gene v. State, COCA Case No. C-2001-537
(March 20, 2002)
(Double Jeopardy, Ineffective Assistance of Counsel, Guilty Plea;
Convictions for possession of two controlled substances; IAC by failing to raise
this issue at trial.)
Mullins, Jimmy Lee v. State, COCA Case No. F-2001-281
(April 22, 2002)
(Double Jeopardy/Double Punishment; Convictions for both leaving the scene
of a fatality accident and leaving the scene of an injury accident when there
was only one accident violated double punishment prohibitions. Count for leaving
the scene of an injury accident remanded with instructions to dismiss.)
Nicholson, Jeremy Dion v. State, COCA Case No.
M-2006-370
(July 18, 2007)
Double Jeopardy/ Double Punishment) Five of six counts of contempt of court
reversed and remanded with instructions to dismiss.
Oliver, Carlos David v. State, COCA Case No.
C-2010-1060 (October 7, 2011)
(Guilty Plea Decisions; Evidence, Sufficiency; Double Jeopardy/Double
Punishment) Factual basis not sufficient on guilty plea for resisting arrest,
count reversed with instructions to dismiss. Convictions for Assault with a
Dangerous Weapon and Assault with a Dangerous Weapon while Masked constitute
double punishment for one crime. Assault with a Dangerous Weapon reversed with
instructions to dismiss.
Overstreet, John,
F-1998-1172, (Nov. 19, 1999)
(Double Jeopardy/Double Punishment; three substances in single container)
P,Q,R,S,T
Patton, Jeffery Alan v. State, COCA Case No.
F-2014-310
(May 29, 2015)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Conviction for both
Possession of Firearm During Commission of a Felony and Possession of Firearm
After Former Conviction of a Felony when only one act of firearm possession
occurred. Judgment and sentence for Possession of Firearm After Former
Conviction of a Felony reversed and remanded for instructions to dismiss.
Patton, Virginia,
F-2000-1232, (Oct. 15, 2001)
(Double Jeopardy/Double Punishment, Second Degree Murder and Neglect of
Child)
Payne Tommie Loyd v. State, COCA Case No.
F-2004-368 (June 10, 2005)
(Double Jeopardy/Double Punishment) Conviction for Lewd Molestation dismissed
because it was a lesser included offense of conviction for rape by
instrumentation.
Phares, Donald Isaiah v. State, COCA Case No.
S-2004-1009 (July 7, 2005)
(Double Jeopardy/ Double Punishment) No-contest plea to traffic ticket issued at
scene of accident precluded later prosecution for negligent homicide.
Polk, Douglas H. v. State, COCA Case No.
C-2010-765 (August 16, 2011)
(Double Jeopardy/Double Punishment) Luring and Lewdly looking on a child
were part of the same act as raping the child. Lewd molestation conviction
remanded with instructions to dismiss.
Poore, Desean Terrell v. State, COCA Case No.
F-2003-22 (January 14, 2004)
(Double Jeopardy/ Double Punishment) Multiple convictions for Accessory After
the Fact constitute Double punishment for a single course of action.
Potts, Richard v. State, COCA Case No. F-99-127, (June 9,
2000)
(Double punishment prohibited for the single course of criminal conduct;
Possession of Firearm AFCF and Shooting with Intent to Kill)
Proctor, Angel Marie v. State, COCA Case No.
F-2016-82 (April 27, 2017)
(Double Jeopardy/Double Punishment) One count of kidnapping reversed because it
was the same felony relied upon for the felony murder conviction.
Railback, Lawrence,
F-1998-1315, (Nov. 29, 1999)
(Double Jeopardy/Double Punishment, Shooting with Intent to Kill and
Attempted Robbery with Dangerous Weapon)
Roberson, Lewis William v. State, COCA Case No.
F-2009-398 (June 11, 2010)
(Double Jeopardy/Double Punishment) Possession of two different controlled
dangerous substances should have been charged as a single account. One count
reversed with instructions to dismiss.
Roberts, Tybream,
PR-99-1327 (Jan. 14, 2000)
(Double Jeopardy, Mistrial, No Manifest Necessity)
Rodriguez, Nick v. State, COCA Case No.
C-2013-973 (September 8, 2014)
(Guilty Plea Decisions; Double Jeopardy/Double Punishment; Ineffective
Assistance of Counsel) Double Jeopardy/Double Punishment claim deemed waived,
but counsel was ineffective for not objecting. One count dismissed.
Rose, Virgil Clayton v. State, COCA Case No. F-2001-352
(April 12, 2002)
(Double Jeopardy/Double Punishment; Excessive Sentence; Jury Instructions-
misleading/confusing; Simultaneous convictions for manufacturing and possession
of methamphetamine; possession of precursor substance violated double
punishment. Convictions for possession of precursor and methamphetamine reversed
and remanded with instructions to dismiss. Sentence for possession of firearm
modified; jury erroneously instructed on range of punishment.)
Satterfield, Christian v. State, COCA Case No. F-2002-106
(November 19, 2002)
(Double Jeopardy) Appellant's conviction for both Attempted Manufacture of
CDS and Possession of a Precursor violated the statutory prohibition against
multiple punishment. Conviction for possession reversed with instructions to
dismiss.
Schroeder, Larry,
F-2000-515, (Sept. 6, 2001)
(Evidence, Sufficiency, Burglary, "breaking not proven; Double
Punishment/Double Jeopardy, Kidnapping for Extortion of Sexual Gratification
& Sexual Assaults merged)
Scott, Brian Tyrone v. State, COCA Case No. F-2001-998
(August 15, 2002)
(Double punishment.) Convictions for both kidnapping and forcible oral
sodomy violate prohibition against multiple punishment for a single act.
Conviction for kidnapping dismissed.)
Shelton, Ronyell Lamar v. State, COCA Case No.
C-2003-1382
(December 3, 2004)
(Guilty Plea Decisions; Double Jeopardy/Double Punishment) Two convictions for
concealing stolen property violate prohibition against double jeopardy, one
count reversed with instructions to dismiss. Petitioner also allowed to withdraw
plea to second count of concealing stolen property because he was misadvised
regarding range of punishment.
Smith, Daniel Terrell v. State, COCA Case No.
F-2017-724 (July 26, 2018)
(Double Jeopardy/Double Punishment) A&B with Dangerous Weapon and Maiming
arising from same acts violated double punishment prohibitions. J&S for A&B with
Dangerous Weapon reversed with instructions to dismiss.
Smith, Mark Eugene v. State, COCA Case No. F-2001-231
(June 12, 2002)
(Double Jeopardy. Conviction for attempted manufacturing and possession of
precursors violate protection against double punishment. Judgment and sentence
reversed and dismissed.)
Sprowls, Shaun Scott v. State, COCA Case No. F-2000-1652
(March 14, 2002)
(Double Jeopardy; Convictions for both manufacturing methamphetamine and
manufacturing a precursor substance violated double jeopardy provisions.)
Stewart, Lawrence Grant v. State, COCA Case No.
F-2010-615 (September 1,
2011)
(Double Jeopardy/Double Punishment) Conviction of parent for child sexual
abuse, in addition to convictions for individual sex offenses, constitute double
punishment. Count reversed with instructions to dismiss.
Stinson, Sr., Christopher v. State, COCA Case No.
F-2011-70 (February 24, 2012)
(Double Jeopardy/Double Punishment) Manufacturing cds (which was also the
underlying felony for felony murder) dismissed as violating double jeopardy.
Strickland, Lyle Wayne v. State, COCA Case No.
F-2007-66 (December 3, 2007)
(Double Jeopardy/ Double Punishment) Convictions for running a roadblock and
eluding police officer violate prohibition against multiple punishment. Eluding
count dismissed.
Tate, Lonnie Wayne v. State, COCA Case No.
F-2011-460
(August 13, 2012)
(Double Jeopardy/Double Punishment; Fines, Fees and Costs) Convictions for
Obstructing an Officer and Resisting an Officer violated double punishment.
Under the facts, Obstructing (misdemeanor) was part and parcel of the felony
charge of Attempting to Elude. Resisting an Officer (misdemeanor) was part and
parcel of the felony A&B on a Police Officer. Speeding and running roadblocks
were not subsumed by the Attempting to Elude count. Misdemeanors reversed with
instructions to dismiss. Fine for speeding also modified to statutory maximum.
Thomas, Jerrell Otis v. State, COCA Case No.
F-2015-374 (February 2, 2016)
(Double Jeopardy/Double Punishment) Double punishment violation for convictions
of Shooting with Intent to Kill and Robbery with Weapon. Robbery conviction
vacated.
Thompson, Dominic Ty-Rell v. State, COCA Case No.
F-2015-933 (September 16,
2016)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Two counts of knowingly
concealing stolen property based on possession of two items stolen from
different people on different days violate double jeopardy/double punishment
provisions. One count reversed and dismissed.
Thompson, Kenneth Glenn v. State, COCA Case No. F-2002-202
(February 28, 2003)
(Double Punishment) Convictions for Robbery w/ a Weapon and A&B w/ a
Weapon violate Section 11 prohibition on double punishment, as both crimes arose
out of one act. The A&B count reversed with instructions to dismiss.
Thompson, Kristy Ladell v. State, COCA Case No. F-2002-203
(February 28, 2003)
(Double Punishment) Convictions for Robbery w/ a Weapon and A&B w/ a
Weapon violate Section 11 prohibition on double punishment, as both crimes arose
out of one act. The A&B count reversed with instructions to dismiss.
Throckmorton, John Henry v. State, COCA Case No. F-2001-49.
(January 7, 2002)
(Double Jeopardy/Double Punishment - Convictions for both manufacturing
methamphetamine and possessing methamphetamine violated statutory prohibition
against double punishment; conviction for possession was based upon the same
evidence used to convict him of manufacturing; possession charged reversed with
instructions to dismiss.)
Tiger, Charles Clarence v. State, COCA Case No.
F-2004-1127 (March 6, 2006)
(Double Jeopardy/Double Punishment; Evidence, Sufficiency) Two counts in
multi-count case reversed with instructions to dismiss. Simultaneous convictions
for first degree burglary and robbery with a firearm violate statutory provision
against double punishment; also evidence was insufficient for conspiracy to
commit second degree burglary.
Turner, Chad Allen v. State, COCA Case No.
F-2010-1128 (May 9, 2012)
(Double Jeopardy/Double Punishment) Convictions for both conspiracy to
manufacture and conspiracy to traffic methamphetamine violated double punishment
provisions, where the overt acts for both conspiracies were the same. Court
reverses and dismisses the count with the lesser sentence.
U,V,W,X,Y,Z
Umoren, John,
F-1999-1225, (Aug. 31, 2000)
(Double Jeopardy/Double Punishment, three convictions for rape from same
episode without significant passage of time or distance separating incidents
equals is one offense)
VanWinkle, Ryan Anthony v. State, COCA Case No.
F-2005-620 (September 22, 2006)
(Double Jeopardy/Double Punishment) Convictions for both assault and battery
with a dangerous weapon and forcible sodomy violated double punishment statute.
A&B count dismissed.
Wabaunsee, Gregory Davis v. State, COCA Case No.
C-2010-940 (December 7,
2011)
(Guilty Plea Decision; Double Jeopardy/Double Punishment; Sentence,
Excessive) Under the particular facts of this case Felon in Possession of
Firearm and Possession of Firearm During Felony constituted double punishment.
Wafford, Michael Orlando v. State,
COCA Case No.
F-2002-1470
(November 25, 2003)
(Double Jeopardy/Double Punishment) Convictions for both possession of firearm
while committing a felony and concealing stolen property (the same firearm)
violated double punishment prohibition of Section 11. The concealing conviction
was reversed with instructions to dismiss.
Walker, Adrian Luis v. State, COCA Case No.
F-2017-1232 (July 18, 2019)
(Double Jeopardy/Double Punishment) Conviction for both felony murder and the
underlying felony violates section 11 prohibition on double punishment, and
requires dismissal of conviction of the felony used as element of the murder
conviction.
Walker, Isaiah Jamil v. State, COCA Case No.
F-2015-937 (December 7, 2017)
(Sentence, Excessive; Double Jeopardy/Double Punishment) Convictions for both
felony murder and burglary violated double jeopardy where the predicate felony
for the murder conviction was the burglary. Burglary conviction reversed with
instructions to dismiss.
Walker, Julius Jerome v. State, COCA Case No.
C-2010-1129 (September 28,
2011)
(Guilty Plea Decisions; Double Jeopardy/Double Punishment) One count of A&B
with Dangerous Weapon Reversed with Instructions to Dismiss as a Section 11
double punishment error because it "was based upon the same general act which
formed part of the basis for the crime charged" in another count.
Walters, Ricco Dante v. State, COCA Case No.
F-2014-870 (December 22, 2015)
(Double Jeopardy/Double Punishment) Convictions for both Possession of Sawed-off
Shotgun and Possession of the same Shotgun After Former Conviction of a Felony
violated protection against double punishment. Possession After Former
Conviction of a Felony reversed with instructions to dismiss
Washington, Lawrence,
F-2001-55, (Sept. 5, 2001)
(Double Jeopardy/Double Punishment, Possession of two types of contraband in
single container)
Watson, Rodney,
F-1999-477, (May 23, 2000)
(Double Jeopardy/Double Punishment, multiple convictions from one course of
conduct)
Watson, Walter Dewitt v. State, COCA Case No.
F-2007-638 (August 17, 2009)
(Double Jeopardy/Double Punishment; Prosecutorial Misconduct; Fines, Fees
and Costs) Separate convictions for trafficking different kinds of CDS (meth and
cocaine), and separate convictions for possession of a sawed off shotgun and
possessing the shotgun and other firearms during the commission of a felony each
constitute multiple punishments for single offenses. One trafficking count and
one count possession of firearm reversed. State’s misstatement of evidence in
closing argument required modification of sentence. Fines vacated because
imposed by the judge and not the jury.
Williams, Roy C. v. State, COCA Case No.
F-2010-665 (April 4, 2012)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Conviction for
Using a Vehicle to Facilitate Intentional Discharge of Firearm and conviction
for Second Degree Murder, in the commission of Using a Vehicle to Facilitate the
Intentional Discharge of a Firearm violate constitutional protections from
double jeopardy. Non-murder count reversed with instructions to dismiss.
Wisner, Robert,
F-2000-1313, (Aug. 31, 2001)
(Double Jeopardy/Double Punishment, two offenses arising from single
transaction)
Woodfork, James Jermaine v. State, COCA Case No. F-2002-532
(June 3, 2003)
(Double Jeopardy/Double Punishment) Three (of 8) counts, A&B with a
Dangerous Weapon and Domestic Abuse, reversed and remanded with instructions to
dismiss on Double Jeopardy/Double Punishment grounds.
Wright, Darnell Lamar v. State, COCA Case No.
F-2012-170 (February 14, 2014)
(Double Jeopardy/Double Punishment; Sentence, Excessive) Convictions for robbery
with a firearm and assault while masked in one act violate 21 O.S.2001, § 21.
Conviction for assault while masked reversed.