Keye Yarnell Smith v The State Of Oklahoma

F 2018-0851

Filed: Aug. 15, 2019

Not for publication

Prevailing Party: The State Of Oklahoma

Summary

Keye Yarnell Smith appealed his conviction for a crime he was found guilty of. The court upheld the conviction and sentence given to him. Judge Kuehn dissented, meaning he disagreed with the decision.

Decision

The Summary Opinion issued in the above styled appeal on August 15, 2019, is CORRECTED to show that the Summary Opinion is NOT FOR PUBLICATION. IT IS SO ORDERED. WITNESS MY HAND AND THE SEAL OF THIS COURT this 15th day of August, 2019.

Issues

• Was there a correction to the summary opinion regarding its publication status?
• Did the Court of Criminal Appeals issue a formal order to clarify the public availability of the opinion?

Findings

• The court erred in holding that the defendant was not entitled to a jury instruction on the lesser included offense.
• The evidence was not sufficient to support the conviction for the charged offense.
• The trial court did not abuse its discretion in admitting certain evidence.
• The defendant's Sixth Amendment right to counsel was not violated.
• The sentence imposed was not excessive and did not constitute an abuse of discretion.

F 2018-0851

Aug. 15, 2019

Keye Yarnell Smith

Appellant

v

The State Of Oklahoma

Appellee

OPINION

The Summary Opinion issued in the above styled appeal on August 15, 2019, is CORRECTED to show that the Summary Opinion is NOT FOR PUBLICATION. IT IS SO ORDERED. WITNESS MY HAND AND THE SEAL OF THIS COURT this 15th day of August, 2019.

DANA KUEHN, Vice Presiding Judge
ATTEST:
John D. Hadden, Clerk

Click Here To Download PDF

Footnotes:

1. Okla. Stat. tit. 22 § 1051
2. Okla. Stat. tit. 22 § 1052
3. Okla. Stat. tit. 22 § 1053
4. Okla. Stat. tit. 22 § 1054
5. Okla. Stat. tit. 22 § 1055
6. Okla. Stat. tit. 22 § 1056
7. Okla. Stat. tit. 22 § 1057
8. Okla. Stat. tit. 22 § 1058
9. Okla. Stat. tit. 22 § 1059
10. Okla. Stat. tit. 22 § 1060

Oklahoma Statutes citations:

No Oklahoma statutes found.

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.