Rian Wayne Ockerman v The State Of Oklahoma

F 2002-1265

Filed: Jan. 7, 2004

Not for publication

Prevailing Party: The State Of Oklahoma

Summary

Rian Wayne Ockerman appealed his conviction for First Degree Manslaughter and Leaving the Scene of an Accident Involving Death. Conviction and sentence for First Degree Manslaughter was reversed and dismissed, but the conviction and sentence for Leaving the Scene of an Accident was affirmed. Judge Lumpkin dissented.

Decision

The Judgment and Sentence imposed in Creek County District Court, Case No. BCF-2002-058, for Count 1 - First Degree Manslaughter - is hereby REVERSED AND REMANDED WITH INSTRUCTIONS TO DISMISS. The Judgment and Sentence imposed on Count 2 is hereby AFFIRMED.

Issues

• Was the verdict on Count 1 against the clear weight of the evidence?
• Was Appellant entitled to have the jury instructed on the lesser included offense of Driving While Impaired?
• Was the verdict on Count 2 against the clear weight of the evidence?
• Is Appellant's sentence excessive?

Findings

• the evidence was insufficient
• the issue was rendered moot
• the evidence was sufficient
• the issue was rendered moot

F 2002-1265

Jan. 7, 2004

Rian Wayne Ockerman

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

JOHNSON, PRESIDING JUDGE: Appellant, Rian Wayne Ockerman, was convicted by a jury in Creek County District Court, Case No. B-CF-2002-058, of First Degree Manslaughter, in violation of 21 O.S.2001, § 711 (Count 1) and Leaving the Scene of an Accident Involving Death, in violation of 47 O.S.2001, § 10-102.1 (Count 2). Jury trial was held before the Honorable David N. Martin, Associate District Judge. The jury set punishment at eight (8) years imprisonment on Count 1 and fined Appellant One Thousand Dollars ($1,000.00) on Count 2. Judgment and Sentence was imposed on October 16, 2002 in accordance with the jury’s verdicts. Thereafter, Appellant filed this appeal. Appellant raises four propositions of error:

1. The verdict on Count 1 was against the clear weight of the evidence;
2. Appellant was entitled to have the jury instructed on the lesser included offense of Driving While Impaired;
3. The verdict on Count 2 was against the clear weight of the evidence; and,
4. Appellant’s sentence is excessive.

After thorough consideration of the propositions raised, the Original Record, transcripts, and briefs of the parties, we find Appellant’s conviction should be reversed and remanded with instructions to dismiss. Appellant challenges the sufficiency of the evidence relating to his conviction for First Degree Manslaughter in Proposition One. The test for reviewing the sufficiency of the evidence is whether, after reviewing the evidence in the light most favorable to the State, a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Spuehler v. State, 1985 OK CR 132, I 7, 709 P.2d 202, 203-204. Under the very unique facts of this case, even in a light most favorable to the State, we find the evidence was insufficient to sustain the jury’s verdict on Count 1. Accordingly, Appellant’s conviction for First Degree Manslaughter is reversed and remanded with instructions to dismiss. Our decision on Proposition One renders the issues raised in Propositions Two and Four Moot. We find the evidence sufficient to sustain Appellant’s conviction for Leaving the Scene of an Accident with Death. Spuehler, id., and Proposition Three is denied.

DECISION

The Judgment and Sentence imposed in Creek County District Court, Case No. BCF-2002-058, for Count 1 – First Degree Manslaughter – is hereby REVERSED AND REMANDED WITH INSTRUCTIONS TO DISMISS. The Judgment and Sentence imposed on Count 2 is hereby AFFIRMED.

APPEARANCES AT TRIAL

LAWRENCE ROBERSON
ATTORNEY AT LAW
O.I.D.S
216 E. CHOCTAW
P. O. BOX 692
SAPULPA, OK 74066
ATTORNEY FOR DEFENDANT

MICHAEL LOEFFLER
ASST. DISTRICT ATTORNEY
CREEK COUNTY COURTHOUSE
222 E. DEWEY, ROOM 302
SAPULPA, OK 74066
ATTORNEY FOR THE STATE

APPEARANCES ON APPEAL

KIMBERLY ADAMS
ATTORNEY AT LAW
732 E. TAFT
MCALESTER, OK 74501-0962
ATTORNEY FOR APPELLANT

W.A. DREW EDMONDSON
ATTORNEY GENERAL OF OKLAHOMA
KELLYE BATES
ASSISTANT ATTORNEY GENERAL
112 STATE CAPITOL BUILDING
OKLAHOMA CITY, OK 73105
ATTORNEYS FOR STATE

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

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Footnotes:

1. 21 O.S.2001, § 711
2. 47 O.S.2001, § 10-102.1
3. Spuehler v. State, 1985 OK CR 132, I 7, 709 P.2d 202, 203-204
4. Spuehler, id.

Oklahoma Statutes citations:

• Okla. Stat. tit. 21 § 711 (2001) - First Degree Manslaughter
• Okla. Stat. tit. 47 § 10-102.1 (2001) - Leaving the Scene of an Accident Involving Death

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:

• Spuehler v. State, 1985 OK CR 132, I 7, 709 P.2d 202, 203-204