F-2018-309

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Adrian Escajeda v State Of Oklahoma

F-2018-309

Filed: Sep. 12, 2019

Not for publication

Prevailing Party: State Of Oklahoma

Summary

Adrian Escajeda appealed his conviction for first-degree murder. The court upheld the conviction and sentenced him to life imprisonment. Judge Kuehn dissented.

Decision

The Judgment and Sentence of the District Court is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), the MANDATE is ORDERED issued upon the delivery and filing of this decision.

Issues

  • Was there prejudicial joinder of the homicide and child neglect cases for trial before the same jury?
  • Did the failure to object to the joinder of counts constitute ineffective assistance of counsel?
  • Did the admission of testimonial hearsay violate the appellant's Sixth Amendment right to confront witnesses?
  • Did prosecutorial misconduct deprive the appellant of a fair trial?

Findings

  • the court did not err in the joinder of the homicide and child neglect cases
  • Appellant was not denied effective assistance of counsel regarding the joinder
  • the admission of testimonial hearsay did not violate Appellant's Sixth Amendment rights
  • there was no prosecutorial misconduct that rendered the trial fundamentally unfair


F-2018-309

Sep. 12, 2019

Adrian Escajeda

Appellant

v

State Of Oklahoma

Appellee

SUMMARY OPINION

HUDSON, JUDGE:

Appellant, Adrian Escajeda, was tried and convicted by a jury in the District Court of Oklahoma County, Case No. CF-2017-226, of Murder in the First Degree, in violation of 21 O.S. Supp. 2012, § 701.7(A). The jury recommended a sentence of life imprisonment. The Honorable Michele D. McElwee, District Judge, sentenced Escajeda in accordance with the jury’s verdict and imposed various costs and fees. Judge McElwee also ordered credit for time served. Escajeda now appeals, raising four propositions of error before this Court:

I. TRIAL OF THE HOMICIDE CASE AND CHILD NEGLECT CASE TOGETHER BEFORE THE SAME JURY, WHERE THE COUNTS DID NOT MEET THE JOINDER CRITERIA SET FORTH IN GLASS V. STATE, CONSTITUTED PREJUDICIAL JOINDER AND DENIED APPELLANT A FUNDAMENTALLY FAIR TRIAL;

II. APPELLANT WAS DENIED THE RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WHEN COUNSEL FAILED TO OBJECT TO THE JOINDER OF COUNTS 1 AND 3 INTO A SINGLE TRIAL IN VIOLATION OF THE FEDERAL AND STATE CONSTITUTIONS;

III. THE ADMISSION OF TESTIMONIAL HEARSAY VIOLATED APPELLANT’S SIXTH AMENDMENT RIGHT TO CONFRONT WITNESSES UNDER THE UNITED STATES CONSTITUTION AND CORRESPONDING PROVISIONS OF THE OKLAHOMA CONSTITUTION; and

IV. PROSECUTORIAL MISCONDUCT DEPRIVED APPELLANT OF A FAIR TRIAL.

After thorough consideration of the entire record before us on appeal, including the original record, transcripts, exhibits and the parties’ briefs, we find that no relief is required under the law and evidence. Appellant’s judgment and sentence is AFFIRMED.

Propositions I and II. Appellant concedes that he failed to object to the joinder of the first degree murder and child neglect counts in a single trial. Our review is for plain error only. Holtzclaw v. State, 2019 OK CR 17, I 19, _P.3d_; Collins v. State, 2009 OK CR 32, I 12, 223 P.3d 1014, 1017. To be entitled to relief under the plain error doctrine, Appellant must show the existence of an actual error (i.e., deviation from a legal rule), that is plain or obvious, and that affects his substantial rights, meaning the error affected the outcome of the proceeding. Musonda v. State, 2019 OK CR 1, I 6, 435 P.3d 694, 696. If these elements are met, this Court will correct plain error only if the error seriously affects the fairness, integrity or public reputation of the judicial proceedings or otherwise represents a miscarriage of justice. Id.; 20 O.S. 2011, § 3001.1.

Assuming arguendo error from the joinder of these two counts in a single trial, see Holtzclaw, 2019 OK CR 17, I 19 (discussing standard for joinder of offenses), Appellant fails to show any form of prejudice. The jury acquitted him of the child neglect charge. The evidence establishing his commission of first degree malice murder was overwhelming and proven with evidence completely unrelated to the alleged child neglect. Had the jury heard nothing of the deplorable conditions and contraband inside the trailer, Appellant would still have been convicted of first degree murder. Appellant fails to show he was deprived of a fundamentally fair trial, in violation of due process from joinder of these offenses. Any error from joinder of these offenses in a single trial was harmless. See Stewart v. State, 2016 OK CR 9, I 27, 372 P.3d 508, 514. Under these circumstances, Appellant fails to show plain error warranting relief. For the same reasons, we reject Appellant’s related claim of ineffective assistance of counsel. Appellant does not show prejudice from trial counsel’s failure to object to joinder of these counts. See Strickland v. Washington, 466 U.S. 668, 694, 104 S. Ct. 2052, 2068, 80 L. Ed. 2d 674 (1984); Martinez v. State, 2016 OK CR 3, I 77, 371 P.3d 1100, 1117. Propositions I and II are denied.

Proposition III. We typically review a trial court’s decision to admit evidence for an abuse of discretion. However, ‘the determination of whether admission of hearsay evidence violates the Confrontation Clause is a question we review de novo. Tryon v. State, 2018 OK CR 20, I 38, 423 P.3d 617, 632 (quoting Hanson v. State, 2009 OK CR 13, I 8, 206 P.3d 1020, 1025). There was no error from the admission of the challenged testimony because it was not offered for the truth of the matter asserted and thus was not hearsay. 12 O.S. 2011, §§ 2801-2802; Tryon, 2018 OK CR 20, I 40, 423 P.3d at 632-33. Taken in context, the record makes clear that Detective Brenton’s testimony repeating Tiffany Eversoll’s out-of-court statements was offered for a non-hearsay purpose, namely, to show why the detective focused on Appellant and Della Nichols as potential suspects in the case. This evidence thus was properly admitted and there was no Sixth Amendment violation. Tryon, 2018 OK CR 20, I 40, 423 P.3d at 632-33; Marshall v. State, 2010 OK CR 8, I 42 n.5; 232 P.3d 467, 477 n.5. Proposition III is denied.

Proposition IV. We will not grant relief for improper argument unless, viewed in the context of the whole trial, the statements rendered the trial fundamentally unfair, so that the jury’s verdict is unreliable. Darden v. Wainwright, 477 U.S. 168, 181, 106 S. Ct. 2464, 2471, 91 L. Ed. 2d 144 (1986); Tryon, 2018 OK CR 20, I 137, 423 P.3d at 654. However, our review of Appellant’s various challenges to the prosecutor’s closing argument is limited to plain error because Appellant either did not make contemporaneous objections or offered a different objection below than what is now argued on appeal. Chadwell v. State, 2019 OK CR 14, I 9, _P.3d_; Harmon v. State, 2011 OK CR 6, I 36, 248 P.3d 918, 934. Review of the challenged remarks does not show prosecutorial misconduct at all but, instead, reasonable comment and inferences based on the evidence as opposed to an appeal to improper factors. Bench v. State, 2018 OK CR 31, I 145, 431 P.3d 929, 968; Smallwood v. State, 1995 OK CR 60, I 37, 907 P.2d 217, 229; Hartsfield v. State, 1986 OK CR 115, I 12, 722 P.2d 717, 720. Appellant was not deprived of a fundamentally fair trial from the challenged comments. There was no error, plain or otherwise. Proposition IV is denied.

DECISION

The Judgment and Sentence of the District Court is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), the MANDATE is ORDERED issued upon the delivery and filing of this decision.

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Footnotes:

  1. 21 O.S.Supp.2012, § 701.7(A)
  2. 21 O.S.Supp.2015, § 13.1
  3. Holtzclaw v. State, 2019 OK CR 17, I 19, _P.3d_
  4. Collins v. State, 2009 OK CR 32, I 12, 223 P.3d 1014, 1017
  5. Musonda v. State, 2019 OK CR 1, I 6, 435 P.3d 694, 696
  6. Stewart v. State, 2016 OK CR 9, I 27, 372 P.3d 508, 514
  7. Strickland v. Washington, 466 U.S. 668, 694, 104 S. Ct. 2052, 2068, 80 L. Ed. 2d 674 (1984)
  8. Martinez v. State, 2016 OK CR 3, I 77, 371 P.3d 1100, 1117
  9. Tryon v. State, 2018 OK CR 20, I 38, 423 P.3d 617, 632
  10. Hanson v. State, 2009 OK CR 13, I 8, 206 P.3d 1020, 1025
  11. Marshall v. State, 2010 OK CR 8, I 42 n.5, 232 P.3d 467, 477 n.5
  12. Darden v. Wainwright, 477 U.S. 168, 181, 106 S. Ct. 2464, 2471, 91 L. Ed. 2d 144 (1986)
  13. Chadwell v. State, 2019 OK CR 14, I 9, 3d_
  14. Bench v. State, 2018 OK CR 31, I 145, 431 P.3d 929, 968
  15. Smallwood v. State, 1995 OK CR 60, I 37, 907 P.2d 217, 229
  16. Hartsfield v. State, 1986 OK CR 115, I 12, 722 P.2d 717, 720

Oklahoma Statutes citations:

  • Okla. Stat. tit. 21 § 701.7 (2012) - Murder in the First Degree
  • Okla. Stat. tit. 21 § 13.1 (2015) - Sentencing
  • Okla. Stat. tit. 20 § 3001.1 (2011) - Plain Error Review
  • Okla. Stat. tit. 12 §§ 2801-2802 (2011) - Hearsay Evidence

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:

  • Holtzclaw v. State, 2019 OK CR 17, I 19, _P.3d_
  • Collins v. State, 2009 OK CR 32, I 12, 223 P.3d 1014, 1017
  • Musonda v. State, 2019 OK CR 1, I 6, 435 P.3d 694, 696
  • Stewart v. State, 2016 OK CR 9, I 27, 372 P.3d 508, 514
  • Strickland v. Washington, 466 U.S. 668, 694, 104 S. Ct. 2052, 2068, 80 L. Ed. 2d 674 (1984)
  • Martinez v. State, 2016 OK CR 3, I 77, 371 P.3d 1100, 1117
  • Tryon v. State, 2018 OK CR 20, I 38, 423 P.3d 617, 632
  • Hanson v. State, 2009 OK CR 13, I 8, 206 P.3d 1020, 1025
  • Marshall v. State, 2010 OK CR 8, I 42 n.5, 232 P.3d 467, 477 n.5
  • Darden v. Wainwright, 477 U.S. 168, 181, 106 S. Ct. 2464, 2471, 91 L. Ed. 2d 144 (1986)
  • Chadwell v. State, 2019 OK CR 14, I 9, 3d_
  • Harmon v. State, 2011 OK CR 6, I 36, 248 P.3d 918, 934
  • Bench v. State, 2018 OK CR 31, I 145, 431 P.3d 929, 968
  • Smallwood v. State, 1995 OK CR 60, I 37, 907 P.2d 217, 229
  • Hartsfield v. State, 1986 OK CR 115, I 12, 722 P.2d 717, 720