Kevin Michael Crase v State Of Oklahoma

F-2000-365

Filed: Apr. 19, 2001

Not for publication

Prevailing Party: State Of Oklahoma

Summary

Kevin Michael Crase appealed his conviction for Manufacturing a Controlled Dangerous Substance, specifically Methamphetamine. His conviction and sentence were for twenty years in prison and a $50,000 fine. This decision was made by the trial court in Logan County. The court considered several reasons for his appeal, including claims that the evidence was not strong enough to show he was involved in making methamphetamine. After looking carefully at the case, the court agreed that the evidence didn't prove he was actively involved in the crime and decided to reverse the conviction and order the case to be dismissed. Judge Strubhar wrote the opinion, and all other judges agreed with this decision.

Decision

The Judgment and Sentence of the trial court is REVERSED with instructions to DISMISS.

Issues

• was there sufficient evidence to prove that the defendant was an aider and abettor to the principal in this case?
• was there insufficient corroboration of testimony of the accomplice?
• did the use of evidence of other crimes violate the defendant's right to a fair trial?
• did prosecutorial misconduct deprive the defendant of a fair trial?

Findings

• the evidence was insufficient to prove that the defendant was an aider and abettor to the principal in this case
• insufficient corroboration of testimony of accomplice
• use of evidence of other crimes violated the defendant's right to a fair trial
• prosecutorial misconduct deprived the defendant of a fair trial

F-2000-365

Apr. 19, 2001

Kevin Michael Crase

Appellant

v

State Of Oklahoma

Appellee

SUMMARY OPINION

STRUBHAR, J.: Appellant, Kevin Michael Crase, was tried by jury and convicted of one count of Manufacturing a Controlled Dangerous Substance- Methamphetamine (63 O.S.Supp.1994, § 2-401(F)), in the District Court of Logan County, Case No. CF-99-28, Donald L. Worthington, District Judge, presiding. The jury recommended twenty (20) years imprisonment and a fifty-thousand dollar ($50,000) fine. The trial court sentenced Appellant accordingly. From this judgment and sentence, he appeals. The following propositions of error were considered:

I. The evidence was insufficient to prove that the defendant was an aider and abettor to the principal in this case;
II. Insufficient corroboration of testimony of accomplice;
III. Use of evidence of other crimes violated the defendant’s right to a fair trial;
IV. Prosecutorial misconduct deprived the defendant of a fair trial.

After thorough consideration of the entire record before us on appeal, including the original record, transcripts, and briefs of the parties, we reverse. We find the trial evidence failed to prove beyond a reasonable doubt that Appellant manufactured methamphetamine or aided and abetted in its manufacture. While there was substantial evidence that Appellant was present and knew that Quisenberry was manufacturing methamphetamine, there was no evidence he procured it to be done or aided, abetted, assisted, advised or encouraged Quisenberry by words, acts or gestures. Hackney U. State, 874 P.2d 810, 814 (Okl.Cr.1994). Proving only mere presence at or acquiescence in a crime without participation does not equal a crime. Id. Accordingly, the evidence was insufficient and the case must be reversed with instructions to dismiss. Spuehler v. State, 709 P.2d 202, 203-04 (Okl.Cr.1985)

DECISION

The Judgment and Sentence of the trial court is REVERSED with instructions to DISMISS.

APPEARANCES AT TRIAL

MARVIN E. QUINN
OKLAHOMA INDIGENT DEFENSE SYSTEM
1221 LYNN AVENUE
PAWHUSKA, OK 74056
ATTORNEY FOR APPELLANT

L. WAYNE WOODYARD
ATTORNEY AT LAW
2601 NW EXPRESSWAY, STE 201W
OKLAHOMA CITY, OK 73112
ATTORNEY FOR APPELLANT

APPEARANCES ON APPEAL

EDDIE VALDEZ
ASSISTANT DISTRICT ATTORNEY
LOGAN COUNTY COURTHOUSE
GUTHRIE, OK 73044
ATTORNEY FOR THE STATE

W.A. DREW EDMONDSON
ATTORNEY GENERAL OF OKLAHOMA
JAMES F. KELLY
ASSISTANT ATTORNEY GENERAL
2300 N.LINCOLN BLVD., SUITE 112
OKLAHOMA CITY, OK 73105
ATTORNEYS FOR APPELLEE

OPINION BY: STRUBHAR, J.
LUMPKIN, P.J.: CONCUR
JOHNSON, V.P.J.: CONCUR
CHAPEL, J.: CONCUR
LILE, J.: CONCUR

Click Here To Download PDF

Footnotes:

1. 63 O.S.Supp.1994, § 2-401(F)
2. Hackney U. State, 874 P.2d 810, 814 (Okl.Cr.1994)
3. Spuehler v. State, 709 P.2d 202, 203-04 (Okl.Cr.1985)

Oklahoma Statutes citations:

• Okla. Stat. tit. 63 § 2-401 (1994) - Manufacturing a Controlled Dangerous Substance

Oklahoma Administrative Rules citations:

No Oklahoma administrative rules found.

U.S. Code citations:

No US Code citations found.

Other citations:

No other rule citations found.

Case citations:

• Hackney v. State, 874 P.2d 810, 814 (Okl.Cr.1994)
• Spuehler v. State, 709 P.2d 202, 203-04 (Okl.Cr.1985)