Criminal Charge: Possession of CDS and Motion to Revoke Probation in Three Old Felonies
Case: State v. Jamey Alexander
Court: [CF-08-151, CF-04-170, CF-05-179, CF-06-165, Choctaw County]
Result: All 4 Cases Dismissed!
Summary:
Mr. Alexander was the front seat passenger in a vehicle stopped by Hugo PD for an alleged expired tag. Officer Smith alleged he smelled marijuana smoke on the driver while he wrote her citation in his vehicle. Even though he had completed her citation, Smith requested the driver’s consent to search her car and she agreed.
Smith arrested Mr. Alexander based on his recovering a small baggy between the passenger seat and door containing what he alleged was methamphetamine. Mr. Alexander denied any knowledge of the baggy.
The State thoughtfully offered to let Mr. Alexander spend significant prison time on all four cases [the sole allegation in his probation violations was the alleged drug possession charge], but Haslam conducted a preliminary hearing and evidentiary hearings on all three probation cases. Considering Hishaw v. State [1977 OK CR 276], the judge sustained Haslam’s demurrer to the evidence in all four cases and Mr. Alexander was released from jail.