Worth Lerance Martin v The State Of Oklahoma

F-2018-596

Filed: May 30, 2019

Not for publication

Prevailing Party: The State Of Oklahoma

Summary

Worth Lerance Martin appealed his conviction for Feloniously Pointing a Firearm and Possession of a Firearm After Conviction of a Felony. His conviction and sentence were twenty-five years in prison and a $1,500 fine for each charge, to be served at the same time. The court found that his actions were violent and threatening, and his sentence was not considered excessively harsh. Judge Kuehn agreed with the decision, while other judges also supported the ruling.

Decision

The Judgment and Sentence of the District Court of Stephens County 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 the twenty-five year sentence for the offenses shocking to the conscience?
• did the court appropriately consider the appellant's violent and dangerous conduct when imposing the sentence?
• was there any error in the trial court's assessment of the sentence based on the appellant's criminal history?
• did the appellant present sufficient evidence to challenge the victim's claims?
• was the sentence imposed less harsh than those requested by the prosecutor?

Findings

• the court did not err in sentencing
• the sentences were not shocking to the conscience

F-2018-596

May 30, 2019

Worth Lerance Martin

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

KUEHN, VICE PRESIDING JUDGE: Appellant, Worth Lerance Martin, was convicted after a bench trial in Stephens County District Court, Case No. CF-2017-136, of Count 1: Feloniously Pointing a Firearm (21 O.S.2012, § 1289.16) and Count 2: Possession of a Firearm After Conviction of a Felony (21 O.S.2014, § 1283(A)). The State alleged several prior felony convictions to enhance sentence on both charges. At the conclusion of the bench trial on May 31, 2018, the Honorable Ken Graham, District Judge, sentenced Appellant to twenty-five years imprisonment and a $1,500 fine on each count, with the sentences to be served concurrently. This appeal followed.

Appellant raises one proposition of error in support of his appeal: UNDER THE FACTS AND CIRCUMSTANCES OF THIS CASE, TWENTY-FIVE YEAR SENTENCES FOR THE OFFENSES ARE SHOCKINGLY EXCESSIVE.

After thorough consideration of this claim, the briefs of the parties, and the record on appeal, we affirm. This Court will not modify a sentence within the statutory range unless, considering all relevant circumstances, it is shocking to the conscience. Pullen U. State, 2016 OK CR 18, I 16, 387 P.3d 922, 928.

This case was tried to the court. The evidence was straightforward. Appellant presented no evidence of his own to counter the victim’s claims, and he does not challenge the sufficiency of the State’s evidence on appeal. He does not take issue with his criminal history, which was relevant to the court’s sentence assessment. Nor does he claim the court considered irrelevant matter in assessing the sentence. Appellant’s violent and dangerous conduct (pointing a pistol at another man’s head, accompanied by threatening language) was committed without any known provocation. When police arrived, Appellant used threatening language with them as well. The sentences imposed by the trial court were not as harsh as those requested by the prosecutor. Considering all of these circumstances, we cannot say the sentences are shocking to the conscience. Appellant’s sole claim of error is denied.

DECISION

The Judgment and Sentence of the District Court of Stephens County 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.

OPINION BY KUEHN, V.P.J. LEWIS, P.J.: CONCUR LUMPKIN, J.: CONCUR HUDSON, J.: CONCUR ROWLAND, J.: CONCUR

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Footnotes:

1. 21 O.S.2012, § 1289.16
2. 21 O.S.2014, § 1283(A)
3. Pullen v. State, 2016 OK CR 18, ¶ 16, 387 P.3d 922, 928.
4. Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2019)

Oklahoma Statutes citations:

• Okla. Stat. tit. 21 § 1289.16 - Feloniously Pointing a Firearm
• Okla. Stat. tit. 21 § 1283(A) - Possession of a Firearm After Conviction of a Felony

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:

• Pullen v. State, 2016 OK CR 18, I 16, 387 P.3d 922, 928