James Jermaine Woodfork v The State Of Oklahoma

F 2002-532

Filed: Jun. 3, 2003

Not for publication

Prevailing Party: The State Of Oklahoma

Summary

James Jermaine Woodfork appealed his conviction for multiple crimes including Kidnapping, Assault and Battery with a Dangerous Weapon, and Domestic Abuse. The court affirmed his convictions for most counts, but reversed and dismissed certain charges due to double jeopardy issues. Judge Johnson wrote the opinion, and Judges Lile, Lumpkin, Chapel, and Strubhar concurred.

Decision

The Judgment and Sentences imposed for Counts 1, 2, 3, 4, and 5 in Oklahoma County District Court, Case No. CF 2001-3362, are hereby AFFIRMED. Counts 7, 9 and 10 are REVERSED AND REMANDED TO THE DISTRICT COURT WITH INSTRUCTIONS TO DISMISS.

Issues

• Was there a violation of Constitutional and Statutory prohibitions against double jeopardy for Appellant's multiple convictions for Assault and Battery with a Dangerous Weapon and Domestic Abuse involving Kimberly McDonald?
• Did Appellant's convictions for Assault and Battery with a Dangerous Weapon and Domestic Abuse involving Shalanda Singleton violate Constitutional and Statutory provisions against Double Jeopardy?
• Did trial errors and prosecutorial misconduct cumulatively deny Mr. Woodfork due process and require reversal or modification of his convictions?

Findings

• The court erred in affirming the convictions for Assault and Battery with a Dangerous Weapon (Counts 3 and 4) and dismissing Counts 7, 9, and 10 based on double jeopardy.
• The trial errors and prosecutorial misconduct did not warrant relief or reversal of the judgment or modification of the sentence.
• The Judgment and Sentences for Counts 1, 2, 3, 4, and 5 are affirmed.
• Counts 7, 9, and 10 are reversed and remanded to the District Court with instructions to dismiss.

F 2002-532

Jun. 3, 2003

James Jermaine Woodfork

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

JOHNSON, PRESIDING JUDGE: Appellant, James Jermaine Woodfork, was tried and convicted in Oklahoma County District Court, Case No. CF 2001-3362, of Kidnapping (Count 1), in violation of 21 O.S.2001, § 741; (Count 2) Petty Larceny, in violation of 21 O.S.2001, § 1704; (Counts 3, 4, and 7) Assault and Battery with a Dangerous Weapon, in violation of 21 O.S.2001, § 645; (Count 5) Possession of Controlled Dangerous Substance (Marijuana), in violation of 63 O.S.2001, § 2-4021; (Count 9) Domestic Abuse, in violation of 21 O.S.2001, § 644(C); and (Count 10) Domestic Abuse, in violation of 21 O.S.2001, § 644(C). Jury trial was held before District Judge Ray Elliott on February 11 – 15, 2002. The jury returned guilty verdicts on Counts 1, 2, 3, 4, 5, 7, 9 and 10, after former conviction of one felony. The jury assessed punishment at twenty-five (25) years on Count 1; thirty (30) years on Counts 3 and 4; one (1) year on Count 5; fifteen (15) years on Count 7; and fined Appellant $500.00 on Count 2 and $3000.00 on Counts 9 and 10. Appellant was found not guilty of Count 8. Judgment and Sentence was imposed on April 19, 2002. Judge Elliott ordered all sentences to run concurrently with each other, except for Counts 3 and 4 which were ordered to run consecutively with each other. Thereafter, Appellant filed this appeal.

Appellant raises three (3) propositions of error:
1. Appellant’s multiple convictions for Assault and Battery with a Dangerous Weapon (Counts 3 and 7) and Domestic Abuse (Count 10), involving Kimberly McDonald, violate Constitutional and Statutory prohibitions against double jeopardy;
2. Appellant’s convictions for Assault and Battery with a Dangerous Weapon (Count 4) and Domestic Abuse (Count 9), involving Shalanda Singleton, violate Constitutional and Statutory provisions against Double Jeopardy; and,
3. Trial errors and prosecutorial misconduct, cumulatively, denied Mr. Woodfork due process and require reversal or modification.

After thorough consideration of the propositions raised, including the Original Record, transcripts, and briefs and arguments of the parties, we have determined that the Judgment and Sentences for Counts 1, 2, 3, 4, and 5 should be affirmed; Counts 7, 9 and 10 are reversed and remanded to the District Court with instructions to dismiss for the reasons set forth below. We find merit to the claim raised in Proposition One. Counts 7 and 10 are reversed and remanded to the District Court with instructions to dismiss. The conviction for Assault and Battery with a Dangerous Weapon as alleged in Count 3 is affirmed.

Similarly, and for the same reasons stated above, we find Proposition Two has merit, and Count 9 is hereby reversed and remanded to the district court with instructions to dismiss. The conviction for Assault and Battery with a Dangerous Weapon as alleged in Count 4 is affirmed. Allegations of prosecutorial misconduct will not cause reversal of judgment or modification of sentence unless their cumulative effect is such to deprive the defendant of a fair trial and sentencing proceeding. We have reviewed Appellant’s claims in light of the overall evidence presented to determine whether any of the allegedly improper conduct was so prejudicial as to have contributed to the jury’s verdicts and warrant reversal or modification. Although the prosecutor inappropriately commented on Appellant’s failure to testify and made efforts designed to elicit sympathy for the victims, in light of the compelling evidence presented at trial, the remarks did not contribute to the verdict or affect the fairness of the trial. Proposition Three does not warrant relief.

DECISION

The Judgment and Sentences imposed for Counts 1, 2, 3, 4, and 5 in Oklahoma County District Court, Case No. CF 2001-3362, are hereby AFFIRMED. Counts 7, 9 and 10 are REVERSED AND REMANDED TO THE DISTRICT COURT WITH INSTRUCTIONS TO DISMISS.

APPEARANCES AT TRIAL

GINA K. WALKER
ASST. PUBLIC DEFENDER
320 ROBERT S. KERR, SUITE 611
OKLAHOMA CITY, OK 73102
ATTORNEY FOR DEFENDANT

CONNIE POPE
W.A. DREW EDMONDSON
CHRISTY REID
ATTORNEY GENERAL OF OKLAHOMA
OKLAHOMA COUNTY COURTHOUSE
320 ROBERT S. KERR, SUITE 505
OKLAHOMA CITY, OK 73102
ATTORNEYS FOR THE STATE

APPEARANCES ON APPEAL

KIMBERLY J. TABOR
APPELLATE DEFENSE COUNSEL
1623 CROSS CENTER DRIVE
NORMAN, OK 73019
ATTORNEY FOR APPELLANT

WILLIAM R. HOLMES
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, § 741
2. 21 O.S.2001, § 1704
3. 21 O.S.2001, § 645
4. 63 O.S.2001, § 2-4021
5. 21 O.S.2001, § 644(C)
6. 21 O.S.2001, § 11
7. Hale v. State, 1995 OK CR 7, I 4, 888 P.2d 1027, 1029
8. Jennings v. State, 1973 OK CR 74, 506 P.2d 931
9. Wilson v. State, 1973 OK CR 43, 506 P.2d 604
10. Gregg v. State, 1992 OK CR 82, I 27, 844 P.2d 867, 878
11. Spears v. State, 1995 OK CR 36, I 60, 900 P.2d 431, 445

Oklahoma Statutes citations:

• Okla. Stat. tit. 21 § 741 (2001) - Kidnapping
• Okla. Stat. tit. 21 § 1704 (2001) - Petty Larceny
• Okla. Stat. tit. 21 § 645 (2001) - Assault and Battery with a Dangerous Weapon
• Okla. Stat. tit. 63 § 2-4021 (2001) - Possession of Controlled Dangerous Substance
• Okla. Stat. tit. 21 § 644(C) (2001) - Domestic Abuse
• Okla. Stat. tit. 21 § 11 (2001) - Prohibitions Against Double Jeopardy
• Okla. Stat. tit. 21 § 701.8 (2011) - Provisions Related to Violent Crimes

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:

• Hale v. State, 1995 OK CR 7, I 4, 888 P.2d 1027, 1029
• Jennings v. State, 1973 OK CR 74, 506 P.2d 931
• Wilson v. State, 1973 OK CR 43, 506 P.2d 604
• Gregg v. State, 1992 OK CR 82, I 27, 844 P.2d 867, 878
• Spears v. State, 1995 OK CR 36, I 60, 900 P.2d 431, 445