Robert Leroy Gore v The State Of Oklahoma
F-2015-212
Filed: Mar. 24, 2016
Not for publication
Prevailing Party: Robert Leroy Gore
Summary
Robert Leroy Gore appealed his conviction for Larceny of an Automobile and Knowingly Concealing Stolen Property. His conviction and sentence were reversed, and a new trial was ordered. Judge John G. Canavan, Jr. sentenced Gore to twenty-five years for the larceny charge and fifteen years for concealing stolen property, with the sentences to be served one after the other. One judge disagreed with the decision.
Decision
The Judgment and Sentence of the district court is REVERSED and REMANDED for a new trial. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2016), the MANDATE is ORDERED issued upon delivery and filing of this decision.
Issues
- was there a competent, knowing, and intelligent waiver of his constitutional right to trial by jury?
- did the sentence imposed by the District Court exceed reasonable limits and should be modified?
Findings
- the court erred
- the sentence imposed is rendered moot
F-2015-212
Mar. 24, 2016
Robert Leroy Gore
Appellantv
The State Of Oklahoma
Appellee
v
The State Of Oklahoma
Appellee
SUMMARY OPINION
Appellant Robert Leroy Gore was convicted of Larceny of an Automobile, After Former Conviction of Two or More Felonies (Count 1), in violation of 21 O.S.2011, § 1720, and Knowingly Concealing Stolen Property, After Former Conviction of Two or More Felonies (Count 2), in violation of 21 O.S.2011, § 1713, in the District Court of Pottawatomie County, Case No. CF-2014-542, after a bench trial before the Honorable John G. Canavan, Jr. Judge Canavan sentenced Gore to twenty-five years imprisonment on Count 1 and fifteen years imprisonment on Count 2, and ordered the sentences to be served consecutively.
Gore appeals raising the following issues: (1) whether the record is insufficient to show a competent, knowing, and intelligent waiver of his constitutional right to trial by jury; and (2) whether the sentence imposed by the District Court is excessive and should be modified. Gore’s first claim has merit and requires relief rendering his second claim moot. Gore argues there is no record of a valid waiver of his right to jury trial in this case. See Valega v. City of Oklahoma City, 1988 OK CR 101, IT 5, 755 P.2d 118, 119. The State concedes the error and the need to reverse and remand this matter for new trial. We agree.
DECISION
The Judgment and Sentence of the district court is REVERSED and REMANDED for a new trial. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2016), the MANDATE is ORDERED issued upon delivery and filing of this decision.
AN APPEAL FROM THE DISTRICT COURT OF POTTAWATOMIE COUNTY
THE HONORABLE JOHN G. CANAVAN, JR, DISTRICT JUDGE
APPEARANCES AT TRIAL
KAREN E. BYARS
ATTORNEY AT LAW
P.O. BOX 926
NORMAN, OK 73070
ATTORNEY FOR APPELLANT
ADAM PANTER
ASSISTANT DISTRICT ATTORNEY
331 NORTH BROADWAY
SHAWNEE, OK 74801
ATTORNEY FOR STATE
APPEARANCES ON APPEAL
RICKI J. WALTERSCHEID
320 NORTH BROADWAY
SHAWNEE, OK 74801
ATTORNEY FOR DEFENDANT
E. SCOTT PRUITT
OKLAHOMA ATTORNEY GENERAL
THEODORE M. PEEPER
ASSISTANT ATTORNEY GENERAL
313 N.E. 21ST STREET
OKLAHOMA CITY, OK 73105
ATTORNEYS FOR APPELLEE
OPINION BY: JOHNSON, J.
SMITH, P.J.: Concur
LUMPKIN, V.P.J.: Concur
LEWIS, J.: Concur
HUDSON, J.: Concur
RB 2
Footnotes:
- Valega v. City of Oklahoma City, 1988 OK CR 101, IT 5, 755 P.2d 118, 119.
- 21 O.S.2011, § 1720.
- 21 O.S.2011, § 1713.
- Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2016).
Oklahoma Statutes citations:
- Okla. Stat. tit. 21 § 1720 - Larceny of an Automobile
- Okla. Stat. tit. 21 § 1713 - Knowingly Concealing Stolen Property
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:
- Valega v. City of Oklahoma City, 1988 OK CR 101, I 5, 755 P.2d 118, 119