Leonard Allen Rayls v The State Of Oklahoma

F-2008-329

Filed: Feb. 27, 2009

Not for publication

Prevailing Party: The State Of Oklahoma

Summary

# Leonard Allen Rayls appealed his conviction for trafficking in illegal drugs, possession of controlled substances, possession of drug paraphernalia, and driving under the influence. Conviction and sentence reversed and remanded for a new trial. Judge Johnson dissented.

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.

Issues

• Was there a valid waiver of the right to trial by jury in the record?
• Did the failure to provide Rayls a jury trial constitute constitutional error?

Findings

• the court erred, as there was no valid waiver of the right to trial by jury in the record
• Rayls's convictions must be reversed due to the constitutional error of failing to provide a jury trial
• the case is remanded for a new trial

F-2008-329

Feb. 27, 2009

Leonard Allen Rayls

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

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.

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. 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
SUSAN D. WILLIAMS
302 EAST RUSSWORM DRIVE
WATONGA, OKLAHOMA 73772
ATTORNEY FOR DEFENDANT

ATTORNEYS ON APPEAL
STEVEN M. PRESSON
PRESSON LAW OFFICE
207 WEST MAIN STREET
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
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.

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Footnotes:

1. 63 O.S.Supp.2004, § 2-415
2. 63 O.S.Supp.2004, § 2-402
3. 63 O.S.Supp.2004, § 2-405
4. 47 O.S.Supp.2006, § 11-902(A)
5. Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2009)
6. Boykin v. Alabama, 395 U.S. 238, 242-43, 89 S.Ct. 1709, 1712, 23 L.Ed.2d 274 (1969)
7. Long v. State, 2003 OK CR 14, 74 P.3d 105, 107
8. Bench v. State, 1987 OK CR 191, 743 P.2d 140, 142

Oklahoma Statutes citations:

• Okla. Stat. tit. 63 § 2-415 (2004) - Trafficking in Illegal Drugs
• Okla. Stat. tit. 63 § 2-402 (2004) - Possession of Controlled Substance
• Okla. Stat. tit. 63 § 2-405 (2004) - Possession of Drug Paraphernalia
• Okla. Stat. tit. 47 § 11-902 (2006) - Driving Under the Influence

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:

• 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