Liberty County Criminal Defense Attorney
Hull man gets 35 years for meth case
Updated: 03.25.10, Cleveland Advocate News
Ronald Lee Kuykendall, 47, of Hull, Texas,
was convicted of Possession of Methamphetamine by a Liberty County jury
in the 75th District Court of Judge C.T. “Rusty” Hight and received a
sentence of 35 years in prison. A jury was selected to hear the
Possession of Methamphetamine indictment on Monday, March 15, 2010, in
the 75th District Court, Judge Hight presiding.
uring an inventory of the vehicle, Mr. Kuykendall’s pants were
located. A bag of marijuana as well as a bag of methamphetamine
were found in Kuykendall’s pants. The evidence at the trial
revealed that the quantity of methamphetamine, which was discovered
in Kuykendall’s pants, weighed 3.6 grams.
Kuykendall has previously been prosecuted for the misdemeanor
offenses of Possession of Marijuana and Possession of an Illegal
Knife in the Liberty County Court at Law and convicted of both
offenses.
At the conclusion of the guilt/innocence phase of the trial, the
jury retired to deliberate and returned with a unanimous verdict of
guilty of Possession of a Controlled Substance: Methamphetamine in
an Amount of One Gram or More But Less Than Four Grams.
Since Kuykendall had elected for the trial judge to assess his
punishment, the punishment phase of the trial before Judge Hight
started shortly after the jury’s verdict of guilty. The indictment
against Kuykendall alleged that he had been convicted of five
previous felonies. It was proven at the punishment phase of the
trial that Kuykendall had been previously convicted and sent to
prison for four felony DWI’s and one Burglary of a Building
offense. After considering Kuykendall’s extensive criminal history,
Judge Hight sentenced Ronald Lee Kuykendall to 35 years in prison
for the methamphetamine charge.
35 YEARS divided by 3.5 GRAMS = 10 YEARS PER GRAM!!!!
The United States in involved in a War on Drugs or more correctly described as a
war on folks who do drugs and Texas is leading the charge. In the event that you
have been charged with possession of drugs or manufacture of a controlled
substance, or intent to deliver, there are some points Liberty County Criminal Defense Attorney Andy Nolen thinks you should realize:
1. A drug conviction in
Texas will result in the loss of your driver's permit. That will then add more
surcharges and reinstatement fees that can run over $1000. You will in addition
have to take the Drug Offender Education Program (D.O.E.P.).
This course
is for people who have been charged with a misdemeanor or felony drug offense.
This course will fulfill the requirement for education because of a suspended
driver’s license. The standard program is 15 hours in size taught in three-hour
segments.
2. A conviction for drugs can result in your losing eligibility
for some specific types of federal financial aid for schooling. Quite a few
schools may expel you in the event the drug offense was committed on school
premises. So not only can you lose your driver's license, you may also lose your
diploma or degree.
3. In the event you have been charged with a drug
crime, it is almost a certainty that you will be examined for drugs eventually.
That may be while your on bond and even the first time you go to court.
Marijuana can keep in your system for up to 7 weeks. Items developed to defeat
the system do not necessarily work, so do not count on them. Don’t do drugs of
any type while on bond or you risk having to deal with your bond revoked and
going to jail. Additionally, you now appear to be an active drug user to the
courtroom making your case much more troublesome.
4. Drug residue such as
tiny quantities in a water pipe or plastic bag is a felony if it is a controlled
drug. Marijuana has to be a usable amount to be a crime.
5. The most
commonplace ways drug cases are defeated are either that there was an Illegal
Search and Seizure or that there was insufficiency of Affirmative Links
involving a defendant and the drugs. Any time the search was bad, the evidence
can be suppressed. Affirmative Links arguments are situations like when there
are Four people in a automobile and the state cannot prove the drugs belonged to
any particular person. Also referred to as, it was the other guy not
me.
Liberty County Criminal Defense Attorney Andy Nolen has used both of these
strategies to have felony and misdemeanor drug cases dismissed.
6. The
State must also demonstrate that the drugs were actually drugs. Requiring that
the “drugs” in question were in reality drugs can oftentimes get a case
dismissed.
Liberty County Criminal Defense Attorney Andy Nolen not long ago had
a felony possession of a controlled substances charge dismissed after requiring
the state to analyze the “x pill”. Turned out, it wasn’t ecstasy at all and the
case was dismissed. The thrilled client had a very unhappy brother who was also
charged with the same thing but got a court appointed lawyer who plead him
guilty and he is now on Four years felony probation for nothing! If he violates
his probation, they won’t reevaluate the evidence they will revoke him and
incarcerate him.
Liberty County Criminal Defense Attorney Andy Nolen has
practiced law for 22 years and has represented over 3000 clients and had
hundreds of cases dismissed. He has successfully helped people with all types of
drug cases from possession of drug paraphernalia to multiple kilo cocaine case.
Please call Attorney Andy Nolen to discuss your case for free at
832-480-8951.
