Kenneth Matthew Crase v State Of Oklahoma

F-2000-367

Filed: Apr. 19, 2001

Not for publication

Prevailing Party: State of Oklahoma

Summary

# Kenneth Matthew Crase appealed his conviction for Manufacturing a Controlled Dangerous Substance. Conviction and sentence were reversed. No one dissented.

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 the 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-2000-367

Apr. 19, 2001

Kenneth Matthew Crase

Appellant

v

State Of Oklahoma

Appellee

SUMMARY OPINION

STRUBHAR, J.: Appellant, Kenneth Matthew 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-99-27, 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; and
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 v. 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
APPEARANCES ON APPEAL

MARVIN E. QUINN L. WAYNE WOODYARD
OKLAHOMA INDIGENT ATTORNEY AT LAW DEFENSE SYSTEM
1221 LYNN AVENUE 2601 NW EXPRESSWAY, STE 201W
P.O. BOX 1436 OKLAHOMA CITY, OK 73112
PAWHUSKA, OK 74056 ATTORNEY FOR APPELLANT
ATTORNEY FOR APPELLANT

EDDY VALDEZ W.A. DREW EDMONDSON
ASSISTANT DISTRICT ATTORNEY ATTORNEY GENERAL
LOGAN COUNTY COURTHOUSE OF OKLAHOMA GUTHRIE, OK 73044
JAMES F. KELLY ATTORNEY FOR THE STATE
ASSISTANT ATTORNEY GENERAL 2300 N.LINCOLN BLVD., SUITE112
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

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Footnotes:

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