State of Oklahoma v. C.J.C.

Tulsa, Oklahoma, criminal defense lawyer Kent Morlan represented the Defendant felony drug trafficking, possession of drug paraphrenalia, driving without a license, displaying an improper tag, speeding, and making an unsafe lane charge.

63 O.S. 415 (B) provides:

B. Except as otherwise authorized by the Uniform Controlled Dangerous Substances Act, it shall be unlawful for any person to:

1. Knowingly distribute, manufacture, bring into this state or possess a controlled substance specified in subsection A of this section in the quantities specified in subsection C of this section;

2. Possess any controlled substance with the intent to manufacture a controlled substance specified in subsection A of this section in quantities specified in subsection C of this section; or

3. Use or solicit the use of services of a person less than eighteen (18) years of age to distribute or manufacture a controlled dangerous substance specified in subsection A of this section in quantities specified in subsection C of this section.

Violation of this section shall be known as "trafficking in illegal drugs". Separate types of controlled substances described in subsection A of this section when possessed at the same time in violation of any provision of this section shall constitute a separate offense for each substance.

Any person who commits the conduct described in paragraph 1, 2 or 3 of this subsection and represents the quantity of the controlled substance to be an amount described in subsection C of this section shall be punished under the provisions appropriate for the amount of controlled substance represented, regardless of the actual amount.

1. For trafficking, a first violation of this section, a term of imprisonment in the custody of the Department of Corrections not to exceed twenty (20) years;

Persons convicted of trafficking shall not be eligible for earned credits or any other type of credits which have the effect of reducing the length of sentence to less than fifty percent (50%) of the sentence imposed.

4. Amphetamine or methamphetamine:

a. twenty (20) grams or more of a mixture or substance containing a detectable amount of amphetamine or methamphetamine shall be a Class B3 felony offense punishable by a fine of not less than Twenty-five Thousand Dollars ($25,000.00) and not more than Two Hundred Thousand Dollars ($200,000.00),

The Defendant elected to plead guilty and was sentenced to 6 years in the Department of Corrections with the first 3 years in custody and the last 3 years to be served under under supervised release. He was also sentenced to one year in the Rogers County Jail. The felony and misdemeanor sentences were to run concurrently. The court costs that he must pay totaled $1,951. He will also have to pay $40 a month to the DOC for supervision for two years (960.000.)