Timothy Dewayne Kliven v State Of Oklahoma

F-2001-283

Filed: Mar. 26, 2002

Not for publication

Prevailing Party: State Of Oklahoma

Summary

Timothy Dewayne Kliven and Tony Wayne Jones appealed their convictions for conspiracy to manufacture methamphetamine. Their conviction and sentence were for 20 years in prison and a $50,000 fine each. The court found that the evidence to prove they conspired was not strong enough. They had only circumstantial evidence, and it did not clearly show that they agreed to commit the crime. As a result, the court reversed their convictions and ordered them to be dismissed. Judge Lile disagreed with the majority decision and dissented.

Decision

The evidence presented against both Appellants to prove the crime of conspiracy to manufacture methamphetamine was entirely circumstantial and insufficient to prove that Kliven and Jones had an agreement to commit this crime as is required to sustain a conviction. See Powell v. State, 995 P.2d 510, 528 (Okl.Cr.2000). The evidence did not exclude every reasonable hypothesis except that Appellants committed the crime of Conspiracy to Manufacture a Controlled Dangerous Substance. See Hooks v. State, 19 P.3d 294, 305 (Okl.Cr.2001). Thus, their Judgments and Sentences must be REVERSED with instructions to DISMISS.

Issues

• Was there sufficient evidence to prove a conspiracy to manufacture methamphetamine existed between Appellants Kliven and Jones?

Findings

• the evidence was insufficient to prove a conspiracy to manufacture methamphetamine existed between Appellants Kliven and Jones
• Judgments and Sentences must be REVERSED with instructions to DISMISS

F-2001-283

Mar. 26, 2002

Timothy Dewayne Kliven

Appellant

v

State Of Oklahoma

Appellee

SUMMARY OPINION

STRUBHAR, JUDGE: Appellants, Timothy Dewayne Kliven and Tony Wayne Jones, were each convicted of Conspiracy to Manufacture a Controlled Dangerous Substance, in the District Court of Jefferson County, Case No. CF-2000-90. The jury trial was held before the Honorable George W. Lindley. The jury assessed punishment at twenty years imprisonment and a $50,000 fine for each Appellant. Each Appellant filed a separate appeal which we have consolidated on appeal pursuant to Rule 3.3(D), Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2002).

After thorough consideration of the entire record before us on appeal, including the original record, transcripts, and briefs of the parties, we reverse^1. Appellant Kliven was also convicted of Unlawful Possession of Marijuana and Unlawful Possession of Drug Paraphernalia and was sentenced to one year in jail on each of these counts, but appeals neither of these misdemeanor convictions. Appellants’ convictions for Conspiracy to Manufacture a Controlled Dangerous Substance with instructions to dismiss. In reaching our decision, we considered the following proposition of error, which was raised by both Appellants, and determined this result to be required under the law and the evidence:

I. The evidence was insufficient to prove a conspiracy to manufacture methamphetamine existed between Appellants Kliven and Jones.

DECISION

The evidence presented against both Appellants to prove the crime of conspiracy to manufacture methamphetamine was entirely circumstantial and insufficient to prove that Kliven and Jones had an agreement to commit this crime as is required to sustain a conviction. See Powell v. State, 995 P.2d 510, 528 (Okl.Cr.2000). The evidence did not exclude every reasonable hypothesis except that Appellants committed the crime of Conspiracy to Manufacture a Controlled Dangerous Substance. See Hooks v. State, 19 P.3d 294, 305 (Okl.Cr.2001). Thus, their Judgments and Sentences must be REVERSED with instructions to DISMISS.^2

APPEARANCES AT TRIAL

ERIC R. JONES
P.O. BOX 5335
ARDMORE, OKLAHOMA 73403
ATTORNEY FOR APPELLANT KLIVEN

WILLIAM W. EAKIN
124 EAST BROADWAY
WAURIKA, OKLAHOMA 73573
ATTORNEY FOR APPELLANT JONES

DENNIS GAY
JEFFERSON COUNTY COURTHOUSE
WAURIKA, OKLAHOMA 73573
ATTORNEY FOR THE STATE

W.A. DREW EDMONDSON
ATTORNEY GENERAL OF OKLAHOMA

JENNIFER B. MILLER
ASSISTANT ATTORNEY GENERAL
112 STATE CAPITOL BUILDING
OKLAHOMA CITY, OKLAHOMA 73105
ATTORNEYS FOR APPELLEE

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

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Footnotes:

1. Powell v. State, 995 P.2d 510, 528 (Okl.Cr.2000).
2. Hooks v. State, 19 P.3d 294, 305 (Okl.Cr.2001).
3. Rule 3.3(D), Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App.(2002).

Oklahoma Statutes citations:

• Okla. Stat. tit. 22 § 3.3(D) (2002) - Oklahoma Court of Criminal Appeals Rules
• Okla. Stat. tit. 21 § 421 (2011) - Conspiracy
• Okla. Stat. tit. 63 § 2-101 (2011) - Controlled Dangerous Substances Act

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:

• Powell v. State, 995 P.2d 510, 528 (Okl.Cr.2000)
• Hooks v. State, 19 P.3d 294, 305 (Okl.Cr.2001)