Walter Lacurtis Jones v The State Of Oklahoma

F 2003-193

Filed: Feb. 17, 2004

Not for publication

Prevailing Party: The State Of Oklahoma

Summary

Walter Lacurtis Jones appealed his conviction for Domestic Abuse, a second offense. His conviction and sentence were modified to one year in jail and a $1,500 fine. Judge Johnson and other judges agreed with this decision, but Judge Strubhar dissented.

Decision

Appellant, Walter Lacurtis Jones, was convicted after a bench trial of Domestic Abuse, second and subsequent offense, in violation of 21 O.S.2001, § 644(C), in Stephens County Case No. CF-2002-258, before the Honorable George W. Lindley, District Judge. Judge Lindley sentenced Appellant to two years imprisonment and a fifteen hundred dollar fine. Appellant has perfected his appeal to this Court. Jones raises the following propositions of error in support of his appeal: 1. The evidence is insufficient to support a conviction for domestic abuse. 2. The sentence of two years' imprisonment exceeded the statutory limitation of one year and is therefore excessive and unauthorized by law. After thorough consideration of Appellant's propositions of error and the entire record before us on appeal, including the original record, transcripts, and briefs, we have determined that the judgment of the trial court shall be affirmed, but the sentence shall be modified. In reaching our decision, we find, in proposition one, that the evidence presented at trial was sufficient to show that Appellant was guilty of domestic abuse. Spuehler v. State, 1985 OK CR 132, 709 P.2d 202. In proposition two, we find that the sentence in this case exceeds the range of punishment provided for in 21 O.S.2001, § 644(C); therefore, the sentence should be modified. The judgment of the district court shall be AFFIRMED. The sentence shall be MODIFIED to imprisonment in the county jail for one year and a fine of fifteen hundred dollars ($1,500.00).

Issues

• Was the evidence insufficient to support a conviction for domestic abuse?
• Did the sentence of two years' imprisonment exceed the statutory limitation of one year and was it therefore excessive and unauthorized by law?

Findings

• the evidence was sufficient
• the sentence was modified to one year imprisonment

F 2003-193

Feb. 17, 2004

Walter Lacurtis Jones

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

LILE, VICE PRESIDING JUDGE: Appellant, Walter Lacurtis Jones, was convicted after a bench trial of Domestic Abuse, second and subsequent offense, in violation of 21 O.S.2001, § 644(C), in Stephens County Case No. CF-2002-258, before the Honorable George W. Lindley, District Judge. Judge Lindley sentenced Appellant to two years imprisonment and a fifteen hundred dollar fine. Appellant has perfected his appeal to this Court.

Jones raises the following propositions of error in support of his appeal:
1. The evidence is insufficient to support a conviction for domestic abuse.
2. The sentence of two years’ imprisonment exceeded the statutory limitation of one year and is therefore excessive and unauthorized by law.

After thorough consideration of Appellant’s propositions of error and the entire record before us on appeal, including the original record, transcripts, and briefs, we have determined that the judgment of the trial court shall be affirmed, but the sentence shall be modified. In reaching our decision, we find, in proposition one, that the evidence presented at trial was sufficient to show that Appellant was guilty of domestic abuse. Spuehler v. State, 1985 OK CR 132, 709 P.2d 202. In proposition two, we find that the sentence in this case exceeds the range of punishment provided for in 21 O.S.2001, § 644(C); therefore, the sentence should be modified.

The judgment of the district court shall be AFFIRMED. The sentence shall be MODIFIED to imprisonment in the county jail for one year and a fine of fifteen hundred dollars ($1,500.00).

APPEARANCES AT TRIAL

APPEARANCES ON APPEAL
LISA WATSON
P.O. BOX 824
PAULS VALLEY, OK 73075
APPELLANT DEFENSE COUNSEL

LANCE LEE ANN JONES PETERS
INDIGENT DEFENSE SYSTEM
P.O. BOX 926
NORMAN, OK 73070
ATTORNEY FOR APPELLANT

JERRY W. HERBERGER
ASSISTANT DISTRICT ATTORNEY
STEPHENS COUNTY
NANCY E. CONNALLY
DUNCAN, OK 73533
ATTORNEY FOR THE STATE

W. A. DREW EDMONDSON
OKLAHOMA ATTORNEY GENERAL
2300 N. LINCOLN BLVD., SUITE 112
OKLAHOMA CITY, OK 73104
ATTORNEYS FOR APPELLEE

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

RB 2

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Footnotes:

1. 21 O.S.2001, § 644(C)
2. Spuehler v. State, 1985 OK CR 132, 709 P.2d 202
3. 21 O.S.2001, § 644(C)

Oklahoma Statutes citations:

• Okla. Stat. tit. 21 § 644 (2001) - Domestic Abuse

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, 709 P.2d 202