Blog

IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA RICHARD PATRICK SPAULDING, ) NOT FOR PUBLICATION ) Appellant, ) ) V. ) Case No. F-2018-668 ) THE STATE OF OKLAHOMA, ) FILED IN COURT OF CRIMINAL APPEALS ) STATE OF OKLAHOMA Appellee. ) OCT 31 2019 SUMMARY OPINION JOHN D. HADDEN CLERK 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. 2 AN APPEAL FROM THE DISTRICT COURT OF TULSA COUNTY THE HON. WILLIAM J. MUSSEMAN, JR., DISTRICT JUDGE APPEARANCES AT TRIAL APPEARANCES ON APPEAL RICHARD KOLLER RICHARD COUCH REBECCA NEWMAN 423 S. BOULDER AVE., STE. 300 423 S. BOULDER AVE., STE. 300 TULSA, OK 74103 TULSA, OK 74103 ATTORNEY FOR APPELLANT ATTORNEYS FOR DEFENDANT KENNETH ELMORE MIKE HUNTER KATY HAMSTRA ATTORNEY GENERAL ASST. DISTRICT ATTORNEYS KEELEY L. MILLER 500 S. DENVER AVE., STE. 900 ASST. ATTORNEY GENERAL TULSA, OK 742103 313 N.E. 21ST STREET ATTORNEYS FOR THE STATE 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 3

Click Here To Download PDF