Shawn William Jacks v The State Of Oklahoma

F-2003-315

Filed: Jun. 21, 2004

Not for publication

Prevailing Party: The State Of Oklahoma

Summary

Shawn William Jacks appealed his conviction for Possession of a Firearm after a felony conviction. The conviction and sentence were five years in prison. Judge Lile dissented. In this case, Shawn was found with a firearm, but he argued that he didn't know he was being tried for that crime and that his lawyer did not help him well enough. He also claimed that using hearsay evidence wasn't fair and that the actions of the prosecutors were wrong. After looking at everything, the court decided that Shawn didn’t get a fair trial. They reversed his conviction and ordered a new trial.

Decision

The judgment and sentence are hereby REVERSED and the case is REMANDED to the District Court of Logan County for a new trial.

Issues

• Was there a lack of notice for the crime for which Appellant was tried, or alternatively, did he receive ineffective assistance of counsel?
• Did the improper use of hearsay deprive Appellant of a fair trial?
• Did prosecutorial misconduct deny Appellant a fair trial?
• Was the sentence excessive?

Findings

• the court erred in the effectiveness of counsel
• the improper use of hearsay did not affect the outcome
• prosecutorial misconduct did not deny a fair trial
• the sentence was excessive
• the judgment and sentence were reversed and remanded for a new trial

F-2003-315

Jun. 21, 2004

Shawn William Jacks

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

LUMPKIN, J.: Appellant, Shawn William Jacks, was tried by jury in the District Court of Logan County, Case Number CF-2000-141, and convicted of Possession of a Firearm after felony conviction in violation of 21 O.S.1991, § 1283. The jury set punishment at five (5) years imprisonment, and the trial judge sentenced Appellant in accordance with the jury’s determination. Appellant now appeals his conviction and sentence.

Appellant raises the following propositions of error in this appeal:
I. Appellant was tried for a crime of which he had no notice or, alternatively, he received ineffective assistance of counsel;
II. The improper use of hearsay deprived Appellant of a fair trial;
III. Prosecutorial misconduct denied Appellant of a fair trial;
IV. The sentence was excessive.

After thoroughly considering these propositions and the entire record before us, we find this case must be reversed and remanded for a new trial.

With respect to proposition one, we find defense counsel’s theory of the case—that the pistol was actually a lighter made to look like a pistol—was tantamount to confessing guilt. Counsel’s assistance was thus ineffective. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984). Jurors were correctly instructed they could convict Appellant if the evidence proved he possessed any pistol or imitation pistol…. See 21 O.S.1991, § 1283. Counsel was on notice of this statute and the essential facts alleged. See Parker v. State, 917 P.2d 980, 985 (Okl.Cr.1996) (Information must set forth a statement of facts constituting the offense sufficient to form the essentials of the crime and apprise a defendant of what he must meet.)

DECISION

The judgment and sentence are hereby REVERSED and the case is REMANDED to the District Court of Logan County for a new trial.

AN APPEAL FROM THE DISTRICT COURT OF LOGAN COUNTY

THE HONORABLE DONALD L. WORTHINGTON, DISTRICT JUDGE

APPEARANCES AT TRIAL

DAVID M. DUNLAP
437 NW 5TH STREET, SUITE 201
OKLAHOMA CITY, OK 73102
COUNSEL FOR APPELLANT

APPEARANCES ON APPEAL

LISBETH L. MCCARTY
P.O. BOX 926
NORMAN, OK 73070
COUNSEL FOR APPELLANT

VINCE ANTONIOLI
ASSISTANT DISTRICT ATTORNEY
LOGAN COUNTY COURTHOUSE
GUTHRIE, OK 73044
COUNSEL FOR THE STATE

W.A. DREW EDMONDSON
ATTORNEY GENERAL OF OKLAHOMA

JUDITH S. KING
ASSISTANT ATTORNEY GENERAL
112 STATE CAPITOL BUILDING
OKLAHOMA CITY, OK 73105
COUNSEL FOR THE STATE

Click Here To Download PDF

Footnotes:

1. 21 O.S.1991, § 1283.
2. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984).
3. 21 O.S.1991, § 1283.
4. Parker v. State, 917 P.2d 980, 985 (Okl.Cr.1996).

Oklahoma Statutes citations:

• Okla. Stat. tit. 21 § 1283 - Possession of a Firearm after felony conviction
• Okla. Stat. tit. 21 § 701.8 - Sentences

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:

• Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984)
• Parker v. State, 917 P.2d 980, 985 (Okl.Cr.1996)