Kristie Kay Thompson v The State of Oklahoma

F-2008-97

Filed: Jun. 24, 2009

Not for publication

Prevailing Party: Kristie Kay Thompson

Summary

# Kristie K. Thompson appealed her conviction for Child Neglect. Conviction and sentence were reversed with instructions to dismiss. No justices dissented.

Decision

The Judgment and Sentence of the district court is REVERSED WITH INSTRUCTIONS TO DISMISS. 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 an error in the trial court's opening instruction to the jury?
• Did the trial court err in failing to instruct the jury on a lesser included offense?
• Was the decision of the trial court against the clear weight of the evidence?

Findings

• the court erred
• the court erred
• the decision of the trial court was against the clear weight of the evidence

F-2008-97

Jun. 24, 2009

Kristie Kay Thompson

Appellant

v

The State of Oklahoma

Appellee

SUMMARY OPINION

C. JOHNSON, PRESIDING JUDGE:

Appellant, Kristie K. Thompson, was convicted by a jury in Stephens County District Court, Case No. CF-2007-126, of Child Neglect (10 O.S.Supp.2006, § 7115(C)). On January 29, 2008, the Honorable Joe H. Enos, District Judge, sentenced her to six months in the county jail, in accordance with the jury’s recommendation. This appeal followed. Appellant raises the following propositions of error:

1. The trial court erred in its opening instruction to the jury.
2. The trial court erred in failing to instruct the jury on a lesser included offense.
3. The decision of the trial court was against the clear weight of the evidence.

After thorough consideration of the propositions, and the entire record before us on appeal, including the original record, transcripts, and briefs of the parties, we find merit to Proposition 3, and reverse. Given the facts presented in the record, even viewed in a light most favorable to the State, no rational trier of fact could have concluded, beyond a reasonable doubt, that Appellant willfully or maliciously failed to provide adequate medical treatment for her child’s rash. 10 O.S.Supp.2006, § 7115(C); OUJI-CR (2nd) No. 4-37. Accordingly, Appellant’s conviction for Child Neglect is REVERSED WITH INSTRUCTIONS TO DISMISS. Our disposition of Proposition 3 renders the remaining propositions of error moot.

DECISION

The Judgment and Sentence of the district court is REVERSED WITH INSTRUCTIONS TO DISMISS. 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.

AN APPEAL FROM THE DISTRICT COURT OF STEPHENS COUNTY
THE HONORABLE JOE H. ENOS, DISTRICT JUDGE

APPEARANCES AT TRIAL

JAMES W. BERRY
ATTORNEY AT LAW
P.O. BOX 21803
OKLAHOMA CITY, OK 73156

APPEARANCES ON APPEAL

KIMBERLY ADAMS
ATTORNEY AT LAW
800 S. MAIN
McALESTER, OK 74501
& ATTORNEY FOR APPELLANT

DONALD A. HERRING
ATTORNEY AT LAW
3000 UNITED FOUNDERS BLVD.
SUITE 208
OKLAHOMA CITY, OK 73118

W. A. DREW EDMONDSON
ATTORNEY GENERAL

CHRISTY A. BAKER
ASSISTANT ATTORNEY GENERAL
313 N. E. 21st ST.
OKLAHOMA CITY, OK 73105

DENNIS L. GAY
ATTORNEYS FOR THE STATE

JOSH CREEKMORE
ASSISTANT DISTRICT ATTORNEYS
101 S. 11th ST.
DUNCAN, OK 73533
ATTORNEYS FOR THE STATE

OPINION BY C. JOHNSON, P.J. A. JOHNSON, V.P.J.: CONCUR LUMPKIN, J.: CONCUR CHAPEL, J.: CONCUR LEWIS, J.: CONCUR

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Footnotes:

1. A conviction under 10 O.S. § 7115(C) is a felony offense, although the sentencer has the option of imposing a term in the county jail.
2. 10 O.S.Supp.2006, § 7115(C); OUJI-CR (2nd) No. 4-37.
3. 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.

Oklahoma Statutes citations:

• Okla. Stat. tit. 10 § 7115(C) - Child Neglect

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:

No case citations found.