Richard Patrick Spaulding v The State Of Oklahoma

F-2018-668

Filed: Oct. 31, 2019

Not for publication

Prevailing Party: The State Of Oklahoma

Summary

Richard Patrick Spaulding appealed his conviction for first degree murder. The conviction and sentence were life imprisonment. Judge William J. Musseman, Jr. sentenced him, and the jury found enough evidence to support the conviction. The court decided that the evidence was sufficient and denied Spaulding's claim. The final decision was that the judgment and sentence were upheld. Judge Kuehn, Judge Lumpkin, Judge Hudson, and Judge Rowland agreed with the opinion, while no one dissented.

Decision

The judgment and sentence 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 sufficient evidence to prove beyond a reasonable doubt that Appellant committed the crime of murder in the first degree?

Findings

• the evidence was legally sufficient to support Appellant's conviction for murder
• Proposition One is denied
• the judgment and sentence is AFFIRMED

F-2018-668

Oct. 31, 2019

Richard Patrick Spaulding

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

LEWIS, PRESIDING JUDGE: Richard Patrick Spaulding, Appellant, was tried by jury and found guilty of first degree murder, in violation of 21 O.S.Supp.2012, § 701.7(A), in the District Court of Tulsa County, Case No. CF-2017-682. The jury set punishment at life imprisonment. The Honorable William J. Musseman, Jr., District Judge, pronounced judgment and sentence accordingly.

Mr. Spaulding appeals in the following proposition of error:

1. The evidence was insufficient to prove beyond a reasonable doubt that Appellant committed the crime of murder in the first degree.¹

Appellant must serve 85% of his sentence before being eligible for consideration for parole. 22 O.S.Supp.2015, § 13.1(1). In Proposition One, Appellant argues the evidence was insufficient to support his conviction. We review the trial evidence in the light most favorable to the State to determine whether any rational trier of fact could find the essential elements of the charged crime beyond a reasonable doubt. Spuehler v. State, 1985 OK CR 132, I 7, 709 P.2d 202, 203-04. In this inquiry, the Court will not second guess the jury’s finding of facts, but rather accepts the reasonable inferences and credibility choices that tend to support the jury’s verdict. Mason v. State, 2018 OK CR 37, IT 13, 433 P.3d 1264, 1269. We conclude that the evidence presented at trial was legally sufficient to support Appellant’s conviction for murder. Proposition One is denied.

DECISION

The judgment and sentence 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.

AN APPEAL FROM THE DISTRICT COURT OF TULSA COUNTY THE HON. WILLIAM J. MUSSEMAN, JR., DISTRICT JUDGE

APPEARANCES AT TRIAL

RICHARD KOLLER
423 S. BOULDER AVE., STE. 300
TULSA, OK 74103
ATTORNEY FOR APPELLANT

APPEARANCES ON APPEAL

RICHARD COUCH
REBECCA NEWMAN
423 S. BOULDER AVE., STE. 300
TULSA, OK 74103
ATTORNEYS FOR DEFENDANT

KENNETH ELMORE
MIKE HUNTER
KATY HAMSTRA
ATTORNEY GENERAL
ASST. DISTRICT ATTORNEYS
KEELEY L. MILLER
500 S. DENVER AVE., STE. 900
TULSA, OK 742103
ATTORNEYS FOR THE STATE

ASST. ATTORNEY GENERAL
313 N.E. 21ST STREET
OKLAHOMA CITY, OK 73105
ATTORNEYS FOR APPELLEE

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

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Footnotes:

1. 21 O.S.Supp.2012, § 701.7(A)
2. 22 O.S.Supp.2015, § 13.1(1)
3. Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2019)

Oklahoma Statutes citations:

• Okla. Stat. tit. 21 § 701.7 (2012) - First degree murder
• Okla. Stat. tit. 22 § 13.1 (2015) - Parole eligibility

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:

• Spuehler v. State, 1985 OK CR 132, I 7, 709 P.2d 202, 203-04
• Mason v. State, 2018 OK CR 37, IT 13, 433 P.3d 1264, 1269