Trever Wayne Ford v The State Of Oklahoma

F-2018-915

Filed: Oct. 13, 2019

Not for publication

Prevailing Party: The State Of Oklahoma

Summary

Trever Wayne Ford appealed his conviction for Assault and Battery by Means and Force Likely to Produce Death. Conviction and sentence of twenty-five years imprisonment. Judge C. Steven Kessinger sentenced Ford. The court found that Ford's sentence was not excessive, considering he caused severe injury to the victim, even though he claimed to have been injured himself. Ford also noted his lack of prior convictions and his good character. However, the court decided that the facts of the case justified the sentence. No judges disagreed with this decision.

Decision

The Judgment and Sentence of the District Court of Pontotoc 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 there an issue regarding the excessiveness of the appellant's sentence?
• did the trial court properly consider the circumstances and background of the appellant when determining the sentence?

Findings

• the court found appellant's sentence is not excessive

F-2018-915

Oct. 13, 2019

Trever Wayne Ford

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

JOHN D. HADDEN KUEHN, VICE PRESIDING JUDGE:

Trever Wayne Ford was tried by judge and convicted of Assault and Battery by Means and Force Likely to Produce Death in violation of 21 O.S.2011, § 652(C), in the District Court of Pontotoc County, Case No. CF-2017-20. The Honorable C. Steven Kessinger sentenced Appellant to twenty-five (25) years imprisonment. Appellant appeals from this conviction and sentence.

Appellant raises one proposition of error in support of his appeal:

I. Appellant’s term of incarceration is excessive and should be modified.

After thorough consideration of the entire record before us, including the original record, transcripts, exhibits and briefs, we find that the law and evidence do not require relief. We find in Proposition I that Appellant’s sentence is not excessive. Appellant’s sentence was within the range of punishment. He admits that the victim was severely injured. He argues that the evidence was conflicting, that he himself was injured and probably concussed, and that evidence showed he was susceptible to concussion. He notes that he had no prior convictions, was employed, and had a young child, and that this attack was not in character. The trial court had all this information when it determined Appellant’s sentence. Evidence showed Appellant engaged in violent criminal actions resulting in severe injury to another person. Considering all the facts and circumstances of the case, Appellant’s sentence is not excessive. Burgess v. State, 2010 OK CR 25, ¶ 22, 243 P.3d 461, 465. This proposition is denied.

DECISION

The Judgment and Sentence of the District Court of Pontotoc 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.

AN APPEAL FROM THE DISTRICT COURT OF PONTOTOC COUNTY
THE HONORABLE C. STEVEN KESSINGER, DISTRICT JUDGE

ATTORNEYS AT TRIAL AND SENTENCING HEARING:

SHELLEY LEVISAY
318 N. BROADWAY AVE.
P.O. BOX 926
SHAWNEE, OK 74801

COUNSEL FOR APPELLANT:
RICKI J. WALTERSCHEID
NORMAN, OK 73070

COUNSEL AT NON-JURY TRIAL:
CARLOS HENRY
12316A MAY AVE.
OKLAHOMA CITY, OK 73120

KEELEY L. MILLER
COUNSEL AT SENTENCING
ASST. ATTORNEY GENERAL
313 NE 21 ST STREET
OKLAHOMA CITY, OK 73105

COUNSEL FOR APPELLEE:
TARA PORTILLO
ASST. DISTRICT ATTORNEY
105 WEST 13TH
ADA, OK 74820

OPINION BY KUEHN, V.P.J.

LEWIS, P.J.: CONCUR

LUMPKIN, J.: CONCUR

HUDSON, J.: CONCUR

ROWLAND, J.: CONCUR

Click Here To Download PDF

Footnotes:

1. 21 O.S.2011, § 652(C)
2. Okla. Stat. tit. 22 § 18
3. 21 O.S.2011, § 652(C)

Oklahoma Statutes citations:

• Okla. Stat. tit. 21 § 652(C) (2011) - Assault and Battery by Means and Force Likely to Produce Death
• Okla. Stat. tit. 22 § 3.15 (2019) - Rules of the Oklahoma Court of Criminal Appeals

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:

• Burgess U. State, 2010 OK CR 25, I 22, 243 P.3d 461, 465