State of Oklahoma v. Galen Rodney Wooten

Muskogee, Oklahoma, criminal defense lawyer represented the Defendant charged with Bringing Alcoholic Beverages Into a Penal Institution, After Former Conviction of a Felony.

Digested by: Kent Morlan

Defendant was an inmate at the Jess Dunn Correctional Center at Taft, Oklahoma. Defendant and a number of other inmates were taken on a field trip to Tahlequah, where they were unsupervised for one and one-quarter to one and one-half hours. Upon returning to Jess Dunn, the inmates were searched, and Defendant was seen placing a pint bottle of whiskey into his boot.

57 O.S. 21 provides:

"Any person who, without authority brings into or has in his possession in any State Penal Institution or other place where prisoners are located, any narcotic drug or any dangerous drug whatsoever, including amphetamines, sleeping potions, barbituates or derivatives thereof, or any alcoholic beverages, or money, shall be guilty of a felony . . ."

In addition to inmates, this statute would also include prison employees and guards, visitors, suppliers, etc. Therefore, AFCF enhancement of 57 O.S. 1981 § 21 [57-21] punishment is not per se impermissible.

In the present case, in light of the relatively minor nature of the offense, and the other factors mitigating the need for criminal punishment,2 we are compelled to find that a ten year sentence does indeed shock our conscience.

Affirmed as modified.