The State of Oklahoma v. Jesus Efren Pena

Vinita, Oklahoma, criminal defense lawyer represented the Defendant charged with acquiring proceeds from drug activity and misdemeanor possession of marijuana.

Pena's rental car was stopped on I-44 in Craig County by Trooper Caleb Cole for a traffic violation on August 31, 2022. Trooper Cole's partner, Trooper Aaron Lockney, deployed his drug dog for an open-air sniff and the dog alerted on the passenger side of Pena's car, indicating the presence of drugs in Pena's car. Pena admitted possessing "two prerolls" in his backpack, referring to marijuana rolled up for smoking. When asked about other drugs, guns, stolen property, or large amounts of money in the vehicle, Pena denied having any. A search, however, uncovered $2,000.00 in cash inside the backpack with the prerolled marijuana as well as over $48,000.00 packaged in seven vacuum-sealed bags in the trunk. The vacuum-sealed bags were hidden in a box housing a child's battery powered tricycle which had been opened and resealed with glue. The prosecution presented the testimony of the two troopers who testified about their training and experience in drug interdiction and their participation in the instant traffic stop. The prosecution also presented the testimony of an expert witness, Agent Branson Perry with the Oklahoma Bureau of Narcotics (OBN), who did not participate in the traffic stop, but offered his expert opinion that the concealed currency in this case was consistent with narcotic currency smuggling.

ADA ERIN OQUIN PRESENT ON BEHALF OF THE STATE. DEFENDANT PRESENT WITH ATTORNEY JAY RAMSEY. CASE COMES ON FOR SENTENCING. THE COURT IS IN RECEIPT OF THE PRE-SENTENCE INVESTIGATION REPORT. THE STATE IS IN RECEIPT OF THE PRE-SENTENCE INVESTIGATION REPORT WITH NO OBJECTION. THE DEFENDANT IS IN RECEIPT OF THE PRE-SENTENCE INVESTIGATION REPORT WITH NO OBJECTION. COURT ADMITS PRE-SENTENCE INVESTIGATION REPORT AS GIVEN TO THE COURT WITH NO OBJECTIONS FROM THE STATE OR DEFENDANT. DEFENDANT ANNOUNCES CHARACTER WITNESSES PRESENT WITH LETTERS ON BEHALF OF DEFENDANT. CHARACTER WITNESSES HEARD AND EXHIBITS SUBMITTED. CLOSING ARGUMENTS HEARD. COURT FINDS A JURY OF THE DEFENDANT’S PEERS HAS RENDERED A VERDICT OF GUILTY ON COUNT 1 AND SETS SENTENCE AT 8 YEARS, $50,000.00 FINE, $50.00 PRE-SENTENCE INVESTIGATION FEE PLUS COURT COSTS. THE COURT WILL GIVE DEFENDANT CREDIT FOR TIME SERVED STARTING 03-20-2024. DEFENDANT ADVISED OF APPEAL RIGHTS. DEFENDANT WAIVES IMMEDIATE TRANSPORT TO DEPARTMENT OF CORRECTIONS AND WILL REMAIN IN THE CRAIG COUNTY JAIL FOR 10 DAYS AND WILL THEN BE TRANSPORTED TO THE DEPARTMENT OF CORRECTIONS. DEFENDANT REMANDED TO THE CRAIG COUNTY JAIL TO AWAIT TRANSPORT. DEFENDANT TO CONTACT CRAIG COUNTY COURT CLERK’S OFFICE WITHIN 30 DAYS AFTER BEING RELEASED FROM THE DEPARTMENT OF CORRECTIONS TO SET UP PAYMENT PLAN OF FINES AND COSTS.

The Judgment and Sentence of the district court was AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2026), the MANDATE is ORDERED issued upon delivery and filing of this decision.