Blog

IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA LEONARD ALLEN RAYLS, ) ) Appellant, ) NOT FOR PUBLICATION V. ) Case No. F-2008-329 ) THE STATE OF OKLAHOMA, ) FILED ) IN COURT OF CRIMINAL APPEALS Appellee. ) STATE OF OKLAHOMA FEB 2 7 2009 SUMMARY OPINION MICHAEL S. RICHIE CHAPEL, JUDGE: CLERK Leonard Allen Rayls was tried in a bench trial and convicted of Count I, Trafficking in Illegal Drugs in violation of 63 O.S.Supp.2004, § 2-415; Count II, Possession of Controlled Substance in violation of 63 O.S.Supp.2004, § 2-402; Count III, Possession of Drug Paraphernalia in violation of 63 O.S.Supp.2004, § 2-405; and Count IV, Driving a Motor Vehicle while Under the Influence of Alcohol and Drugs in violation of 47 O.S.Supp.2006, § 11-902(A), all after former conviction of two or more felonies, in the District Court of Kingfisher County, Case No. CF-2006-82. The Honorable Ronald G. Franklin sentenced Rayls to twenty (20) years imprisonment (Count I); and one (1) year imprisonment on each of Counts II, III and IV, to be served concurrently. Rayls appeals these convictions and sentences. Rayls raises one proposition of error in support of his appeal: I. No WAIVER OF THE RIGHT TO TRIAL BY JURY EXISTS IN THE RECORD. BECAUSE THE RIGHT TO JURY TRIAL IS FUNDAMENTAL, THE FAILURE OF THE RECORD TO SHOW A VALID WAIVER IS REVERSIBLE ERROR AND THE FAILURE TO PROVIDE RAYLS A JURY TRIAL WAS CONSTITUTIONAL ERROR. 1 Rayls was tried by the trial court. There is no waiver of jury trial in the record. As Rayls argues, a defendant’s waiver of his right to jury trial must be clear, unambiguous, knowing and intelligent, and on the record.1 Absent any record that Rayls personally waived his jury trial, the case must be remanded for a new trial. The State agrees, and concedes the error. Rayls’s convictions must be reversed and the case remanded for a new trial. Decision The Judgments and Sentences are REVERSED and the case REMANDED for a new trial. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2009), the MANDATE is ORDERED issued upon the delivery and filing of this decision. ATTORNEYS AT TRIAL ATTORNEYS ON APPEAL SUSAN D. WILLIAMS STEVEN M. PRESSON 302 EAST RUSSWORM DRIVE PRESSON LAW OFFICE WATONGA, OKLAHOMA 73772 207 WEST MAIN STREET ATTORNEY FOR DEFENDANT P.O. BOX 5392 NORMAN, OKLAHOMA 73070 ATTORNEY FOR PETITIONER BRYAN SLABOTSKY ASSISTANT DISTRICT ATTORNEY W.A. DREW EDMONDSON KINGFISHER COUNTY COURTHOUSE ATTORNEY GENERAL OF OKLAHOMA 101 SOUTH MAIN JENNIFER B. MILLER KINGFISHER, OKLAHOMA 73750 ASSISTANT ATTORNEY GENERAL ATTORNEY FOR STATE 313 N.E. 21ST STREET OKLAHOMA CITY, OKLAHOMA 73105 ATTORNEYS FOR RESPONDENT OPINION BY: CHAPEL, J. C. JOHNSON, P.J.: CONCUR A. JOHNSON, V.P.J.: CONCUR LUMPKIN, J.: CONCUR LEWIS, J.: CONCUR 1 Boykin v. Alabama, 395 U.S. 238, 242-43, 89 S.Ct. 1709, 1712, 23 L.Ed.2d 274 (1969); Long v. State, 2003 OK CR 14, 74 P.3d 105, 107; Bench v. State, 1987 OK CR 191, 743 P.2d 140, 142 2

Click Here To Download PDF