POSSESSION OF CDS, MAINTAINING A DWELLING FOR SELLING CDS AND MOTION TO REVOKE PROBATION IN TWO OLD FELONIES

Case Dismissed

Criminal Charge: Possession of CDS, Maintaining a Dwelling for selling CDS and Motion to Revoke Probation in two old felonies
Case: State v. Stacy Gage
Court: [CF-08-132, CF-03-63, CF-03-75][Choctaw County]
Result: All 3 Cases Dismissed

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Summary:

Drug Task Force agents executed a search warrant on a Hugo, OK home and allegedly recovered small amounts of drugs and packaging materials.  Mr. Gage was not at the house at the time but was charged with BOTH possession of CDS and maintaining a dwelling for selling CDS as well as probation violations from two prior drug cases because a receipt with his name was allegedly recovered in the home.

Haslam rejected the State’s offer to revoke Mr. Gage into 10 years in prison in two 2003 cases to be served concurrent with 10 years on the new case and demanded a preliminary hearing and revocation hearings.  The agent admitted under Haslam’s cross-examination that the address on the receipt [which the State refused to produce until the day of the hearing] was not the address where the warrant was executed, that the vehicles on the property did not belong to Mr. Gage [the State did not admit they had run a title check until hearing day], but insisted that the house belonged to Mr. Gage.

The Court dismissed all three cases before Haslam could call to the stand the Choctaw County Clerk official to testify that Mr. Gage has never been the record owner of the property.