Court Overturns Drug Conviction, Life Sentence
Wednesday, October 17th 2007, 9:41 am
By: News On 6
OKLAHOMA CITY (AP) -- A state appeals court is overturning the Tulsa County drug conviction and life without parole sentence of a repeat drug offender.
The state Court of Criminal Appeals says evidence taken from Russell Horn Junior's car and used against him was taken improperly.
Horn was convicted and sentenced to life after being found guilty of trafficking methamphetamine in Tulsa. He was also convicted of cocaine possession and sentenced to more than 19 years in prison.
Horn was arrested and charged in 2005 after police found a small amount of meth in his apartment and more meth and cocaine in his car.
The appeals court says the search warrant specifically describes Horn's apartment as the place to be searched - not his car.
The court ordered all items taken from the car to be suppressed as evidence and ordered a new trial on the meth charge while dismissing the cocaine charge.