Sam Henry Watkins v The State Of Oklahoma

F-2000-484

Filed: Aug. 23, 2001

Not for publication

Prevailing Party: Sam Henry Watkins

Summary

Sam Henry Watkins appealed his conviction for Endeavoring to Manufacture Methamphetamine. His conviction and sentence were reversed, and he will receive a new trial. Judge Strubhar dissented.

Decision

Appellant's judgment and sentence for the crime of Endeavoring to Manufacture Methamphetamine are hereby REVERSED and the matter is REMANDED to the trial court for a new trial consistent with this opinion.

Issues

• Was there a knowing and voluntary waiver of Appellant's right to a jury trial?
• Did the trial court err by failing to suppress the property seized and the statement obtained during Appellant's detention?
• Did inadmissible hearsay deny Appellant his fundamental right to a fair trial?
• Was Appellant denied his Sixth and Fourteenth Amendment right to effective assistance of counsel?

Findings

• the court erred
• the trial court did not err
• propositions three and four are moot

F-2000-484

Aug. 23, 2001

Sam Henry Watkins

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

LUMPKIN, PRESIDING JUDGE: Appellant, Sam Henry Watkins, was tried in a non-jury trial in the District Court of Carter County, Case No. CF-99-451, and convicted of Endeavoring to Manufacture Methamphetamine in violation of 63 O.S. 1991, § 2-408. He was sentenced to twenty (20) years imprisonment. Appellant raises the following propositions of error in this appeal:

I. Appellant did not make a knowing and voluntary waiver of his right to a jury trial;
II. The trial court erred by failing to suppress the property seized from Appellant and the statement obtained during his detention, as they were obtained in violation of the Fourth Amendment to the United States Constitution;
III. Inadmissible hearsay denied Appellant his fundamental right to a fair trial; and
IV. Appellant was denied his Sixth and Fourteenth Amendment right to effective assistance of counsel.

After a thorough consideration of these propositions and the entire record before us on appeal, including the briefs, we have determined Appellant’s conviction must be reversed and remanded to the trial court for a new trial.

With respect to proposition one, we find no evidence in the record that Appellant knowingly and voluntarily waived his right to a jury trial. Valega U. 1 City of Oklahoma City, 755 P.2d 118, 119 (Okl.Cr.1988). The statements Appellant made for purposes of attempting to enter a no-contest plea, which the trial judge did not ultimately accept, do not indicate an intent to forever waive his Constitutional right to jury trial. Waiver cannot be presumed from a silent record. The case was remanded to the District Court and at the evidentiary hearing ordered by this Court for purpose of resolving this issue, the State and defense counsel stipulated that they were unable to present any evidence that would convince the trial court or this Court that Appellant knowingly and voluntarily waived his right to trial by jury. Therefore, we find merit to the error raised in proposition one.

With respect to proposition two, we find the trial court did not err by failing to suppress the pills seized from Appellant and the volunteered statement he made during his detention. Terry v. Ohio, 392 U.S. 1, 21, 88 S.Ct. 1868, 1880, 20 L.Ed.2d 889 (1968); Illinois v. Rodriguez, 497 U.S. 177, 181, 110 S.Ct. 2793, 2797, 111 L.Ed.2d 148 (1990). Propositions three and four are moot.

DECISION

Appellant’s judgment and sentence for the crime of Endeavoring to Manufacture Methamphetamine are hereby REVERSED and the matter is REMANDED to the trial court for a new trial consistent with this opinion.

RC 3

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Footnotes:

1. 63 O.S. 1991, § 2-408
2. Terry v. Ohio, 392 U.S. 1, 21, 88 S.Ct. 1868, 1880, 20 L.Ed.2d 889 (1968)
3. Illinois v. Rodriguez, 497 U.S. 177, 181, 110 S.Ct. 2793, 2797, 111 L.Ed.2d 148 (1990)
4. Valega U. City of Oklahoma City, 755 P.2d 118, 119 (Okl.Cr.1988)

Oklahoma Statutes citations:

• Okla. Stat. tit. 63 § 2-408 - Endeavoring to Manufacture Methamphetamine

Oklahoma Administrative Rules citations:

No Oklahoma administrative rules found.

U.S. Code citations:

• Fourth Amendment - Search and Seizure
• Sixth Amendment - Right to Counsel
• Fourteenth Amendment - Due Process

Other citations:

No other rule citations found

Case citations:

• Valega U. City of Oklahoma City, 755 P.2d 118, 119 (Okl.Cr.1988)
• Terry v. Ohio, 392 U.S. 1, 21, 88 S.Ct. 1868, 1880, 20 L.Ed.2d 889 (1968)
• Illinois v. Rodriguez, 497 U.S. 177, 181, 110 S.Ct. 2793, 2797, 111 L.Ed.2d 148 (1990)