J. J. A. v The State Of Oklahoma

J 2001-616

Filed: Oct. 24, 2001

Not for publication

Prevailing Party: The State Of Oklahoma

Summary

J.J.A. appealed his conviction for three counts of Burglary of an Automobile. Conviction and sentence were modified to two counts of Burglary of an Automobile. Johnson dissented.

Decision

The Journal Entry of Adjudication is AFFIRMED, but should be MODIFIED to reflect only two counts of Burglary of an Automobile.

Issues

• Was there a violation of the right to confront witnesses against J.J.A. due to the admission of a non-testifying co-defendant's statements?
• Did the trial court properly consider the evidence before concluding J.J.A. committed the alleged counts of Burglary of an Automobile?
• Should the Journal Entry of Adjudication be modified to reflect the correct number of counts for which J.J.A. was adjudicated delinquent?

Findings

• the court erred in the adjudication order to reflect only two counts of automobile burglary

J 2001-616

Oct. 24, 2001

J. J. A.

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

JOHNSON, VICE-PRESIDING JUDGE: Appellant, J. J. A., was adjudicated a delinquent child upon a Petition filed in Custer County District Court, Case No. JDL 2001-17. The Petition alleged J.J.A. committed three counts of Burglary of an Automobile, in violation of 21 O.S.1991, § 1435. The adjudication hearing was held before the Honorable Jacqueline Duncan, Associate District Judge, on May 8, 2001. From the Journal Entry of Adjudication, Appellant filed this appeal.1

In his sole proposition of error, Appellant claims the State’s use of a non-testifying co-defendant’s statements against Appellant violated his right to confront the witnesses against him and the rule promulgated in Bruton v. U.S..2 After thorough consideration of this proposition and the entire record before us on appeal, including the original record, transcripts, and briefs of the parties, we have determined that modification of the Journal Entry of Adjudication is warranted for the reasons set forth below.

An accused’s right to confront witnesses against him is violated when the out-of-court admissions of a non-testifying codefendant which implicate the defendant are admitted at trial. Johnson v. State, 1995 OK CR 62, 911 P.2d 918, 932. The record shows no inculpatory statement made by M.W.G. was considered by the trial court. However, because the two other codefendants who testified implicated J.J.A. in only two of the car burglaries (Counts 1 and 2), we find the adjudication order should be modified to show J.J.A. committed only two counts of automobile burglary. See Matter of J.E.S., 1978 OK CR 111, 1 5, 585 P.2d 382, 383 (burden of proof in adjudication is proof beyond a reasonable doubt).

DECISION

The Journal Entry of Adjudication is AFFIRMED, but should be MODIFIED to reflect only two counts of Burglary of an Automobile.

APPEARANCES AT TRIAL

STEPHANIE PARKER JONES
O.I.D.S.
823 FRISCO, P.O. BOX 1494
NORMAN, OK 73109
ATTORNEY FOR APPELLANT

MARK P. HOOVER
1623 CROSS CENTER DRIVE
CLINTON, OK 73601
ATTORNEY FOR DEFENDANT

GINA R. FARRIS
ASSISTANT DISTRICT ATTORNEY
CUSTER COUNTY COURTHOUSE
P.O. BOX 36
ARAPAHOE, OK 73620
ATTORNEY FOR STATE

OPINION BY: JOHNSON, V.P.J.
LUMPKIN, P.J: CONCURS
CHAPEL, J.: CONCURS
STRUBHAR, J.: CONCURS
LILE, J.: CONCURS

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Footnotes:

1. Okla. Stat. tit. 21 § 1435
2. Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968)
3. Johnson v. State, 1995 OK CR 62, 911 P.2d 918, 932
4. Matter of J.E.S., 1978 OK CR 111, 585 P.2d 382, 383

Oklahoma Statutes citations:

• Okla. Stat. tit. 21 § 1435 - Burglary of an Automobile
• Okla. Stat. tit. 21 § 701.8 - Sentencing for Delinquent Acts

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:

• Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968)
• Johnson v. State, 1995 OK CR 62, 911 P.2d 918, 932
• Matter of J.E.S., 1978 OK CR 111, 1 5, 585 P.2d 382, 383