Drennon v. State, F-77-743
| Decision Date | 10 July 1978 |
| Docket Number | No. F-77-743,F-77-743 |
| Citation | 581 P.2d 901 |
| Parties | L. V. DRENNON, Jr., Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Appellant, L. V. Drennon, hereinafter referred to as the defendant, was charged, tried and convicted in the District Court, Carter County, Case No. CRF-76-241, for the offense of Attempting to Obtain Controlled Drugs by Forged Prescription, After Former Conviction of a Felony, in violation of 63 O.S. 1971, § 2-406. His punishment was fixed at thirty (30) years' imprisonment. From said judgment and sentence a timely appeal has been perfected to this Court.
At the trial Dennis Camp testified that he was a pharmacist employed at Gibsons in Ardmore. On the morning of December 16, 1976, a prescription was presented to him by the defendant to be filled. He was familiar with the signature of Dr. Don Wilson and recognized the prescription to be a forgery. He told the defendant it was not a legitimate prescription and requested that he remain until the police arrived. The defendant stated that he was picking it up for someone else and could not wait. The prescription was for Preludin, an appetite suppressant and had listed upon it Dr. Wilson's DEA registration number AW 2130956. He testified on recross-examination that the defendant handed the prescription to one of the clerks who in turn handed it to him.
The parties stipulated that if Dr. Don Wilson were present, he would testify that he did not write or issue the prescription. He did not know either the defendant or Clint Smith whose name appeared on the prescription.
Detective David Willingham testified that he arrested the defendant on December 24, 1976. He identified State's Exhibits Nos. One and Two as cards found on defendant's person on which Dr. Wilson's DEA number was written.
For the defense, Edna Albert testified that she left her daughter with the defendant on December 16, 1976, at approximately 10:30 a.m. Defendant was living with his sister at the Mt. Zion Apartments.
Elvira Rambo, defendant's sister testified that he was living with her on December 16, 1976. He babysat for Edna Albert that morning.
The defendant testified that he did not attempt to fill the prescription at Gibsons. He spent the day of December 16, 1976, babysitting for Edna Albert. He did not see the officers remove the cards from his billfold nor did he have any knowledge concerning the cards. He admitted previous convictions for assault with a dangerous weapon, burglary and obtaining merchandise by false and bogus check.
The defendant asserts in his...
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...concerning the statements made by the child to the mother. Beavers v. State, 709 P.2d 702, 705 (Okl.Cr.1985). See also, Drennon v. State, 581 P.2d 901, 903 (Okl.Cr.1978), cert. denied, 439 U.S. 1004, 99 S.Ct. 617, 58 L.Ed.2d 681 (1978). Soap v. State, 562 P.2d 889, 893 (Okl.Cr.1977). While ......
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Beavers v. State, F-83-752
...these subsequent statements, the error does not call for reversal of the case. Smith v. State, 635 P.2d 615 (Okl.Cr.1981); Drennon v. State, 581 P.2d 901 (Okl.Cr.1978). The usual problem of hearsay, inability to confront, was not present since the girls, their mothers and the officers were ......
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Drennon v. Hess, 80-1063
...the court, without stating its method of calculation, modified appellant's sentence from thirty to twenty years. See Drennon v. State, 581 P.2d 901 (Okl.Cr.1978). After exhausting all state remedies available at the time, appellant filed a petition for writ of habeas corpus pursuant to 28 U......
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Meeks v. State
...in this State that the admission of hearsay evidence is not grounds for reversal unless the appellant was injured thereby. Drennon v. State, 581 P.2d 901 (Okl.Cr.1978). At trial, the testimony was introduced to show probable cause for the actions of the police officers. Since we have alread......