OKLAHOMA CITY – Complaints of a Comanche County felon that the fines and fees imposed on him after his conviction on three new felony charges were excessive and unconstitutional have been dismissed by the Oklahoma Court of Criminal Appeals.
A Comanche County jury on Jan. 29, 2020, convicted David Lee Jackson Jr. of three felonies arising from his ar- rest by the Lawton Police Department on Oct. 28, 2018: discharging a firearm into a dwelling after prior convictions of two or more felonies; assault and battery with a deadly weapon after previous convictions of two or more felonies; and being a felon in possession of a firearm.
In accordance with the jury’s wishes, Jackson was sentenced in March 2020 to life imprisonment plus a $10,000 fine on the A&B count, 25 years in prison plus a $10,000 fine for discharging a firearm into a dwelling, and 25 years in prison plus a $10,000 fine for possession of a firearm after former felony convictions. The sentences were imposed consecutively (back-to-back rather than together simultaneously).
District Judge Scott Meaders also imposed an indigent-defense fee of $1,000 and a victim compensation assessment of $75 on each of the three counts, restitution of $3,873, and a jury fee of $780 (a dozen jurors and an alternate paid $20 each per day for three days of the trial).
Jackson argued on appeal that requiring him to pay restitution would impose a “manifest hardship” on him. However, court records re- f lect that at his sentencing hearing Jackson “agreed to the restitution amount ordered by the trial court” and raised no objections to any of the other fees and assessments.
“After thorough consideration of these propositions and the entire records before us on appeal,” including the original record and transcripts, “we have determined that under the law and the evidence” Jackson “is not entitled to relief,” the five appellate judges ruled unanimously.
Two other felony charges against Jackson, for receiving/concealing stolen property, were filed after his arrest again by the Lawton P.D. on Oct. 29, 2018. That case was stricken from the current Comanche County District Court jury trial docket and is still pending.
Records on the Oklahoma State Courts Network show Jackson, 38, has a criminal history that extends back 17 years.
He was arrested by the LPD in August 2004 and charged with possession of marijuana with intent to distribute and possession of drug paraphernalia. He pleaded guilty in October 2005 and received a sentence of 10 years imprisonment, with 18 months to serve and the balance suspended, credit for time served in the Comanche County Detention Center, a $5,000 fine plus court costs and $970 in assessments.
The LPD arrested Jackson on Dec. 20, 2011, on a charge of being a felon in possession of a firearm, and again on Dec. 26, 2012, on two counts of assault and battery with a dangerous weapon. He pleaded guilty in late January 2013 and received two concurrent 10-year prison sentences and a five-year suspended sentence, along with $3,000 in fines.