T. C. S. v The State Of Oklahoma

J-2003-1180

Filed: Apr. 1, 2004

Not for publication

Prevailing Party: T. C. S.

Summary

T.C.S. appealed his conviction for Second Degree Burglary. Conviction and sentence reversed, and the case was sent back for a new trial. Judge Lumpkin dissented.

Decision

IT IS THEREFORE THE ORDER OF THIS COURT that the journal entry of the District Court of Seminole County adjudicating Appellant as delinquent in Case No. JF-2003-1180 should be, and is hereby, REVERSED and REMANDED for a new trial. IT IS SO ORDERED.

Issues

• Was there sufficient corroborating evidence to support the conviction based on the testimony of an alleged accomplice?
• Did the lack of a record or evidence of a knowing and voluntary waiver of the right to trial by jury violate the Appellant's statutory and constitutional rights?

Findings

• the court erred, as there was insufficient corroboration for the testimony of the alleged accomplice
• the court erred in not ensuring a proper waiver of the right to trial by jury

J-2003-1180

Apr. 1, 2004

T. C. S.

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

The Appellant, T.C.S., has appealed to this Court from a Journal Entry of Adjudication as Delinquent entered by the Honorable Gary Snow, District Judge, in Case No. JF-2003-74 in the District Court of Seminole County. On August 19, 2003, the State filed a Petition alleging Appellant to be a juvenile delinquent by reason of his commission of the criminal offense of Burglary, Second Degree. The crime allegedly occurred on or about July 1, 2003, when Appellant (d.o.b 1/18/87) was sixteen (16) years, five (5) months old.

The adjudication hearing was conducted on September 24, 2003, before Judge Snow in a non-jury trial. Judge Snow found from the evidence presented that Appellant committed the crime charged in the Petition, and adjudicated him delinquent. On October 22, 2003, the disposition hearing was conducted before the Honorable Lee Stilwell, Associate District Judge. Judge Stilwell ordered that Appellant be placed in the custody of the Office of Juvenile Affairs, with a review hearing scheduled for April 7, 2004. Appellant brings this appeal.

Appellant asserts two (2) propositions of error. Appellant first contends that, because there was no evidence to corroborate the testimony of the alleged accomplice of T.C.S., there was insufficient evidence to support the conviction. Appellant also contends the lack of a record or any evidence showing Appellant knowingly and voluntarily waived his right to trial by jury violated Appellant’s statutory and constitutional rights.

This appeal was automatically assigned to the Accelerated Docket of this Court pursuant to Rule 11.2(A)(3) of the Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2004). The propositions or issues were presented to this Court in oral argument on March 25, 2004, pursuant to Rule 11.2(F). At the conclusion of oral argument, this Court voted three to one (3-1) to reverse the District Court’s journal entry adjudicating Appellant as delinquent, and to remand the case for a new trial.

A conviction cannot be had upon the testimony of an accomplice unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the offense, and the corroboration is not sufficient if it merely show the commission of the offense or the circumstances thereof. 22 O.S.2001, § 742. The only evidence the District Court found to corroborate the testimony of the accomplice was the testimony of a witness who observed Appellant in the same apartment as the accomplice later during the night of the burglary. Such evidence does not sufficiently tend to connect Appellant with the commission of the offense. Id.; L.E.Y.U. State, 1982 OK CR 4, 639 P.2d 1253.

IT IS THEREFORE THE ORDER OF THIS COURT that the journal entry of the District Court of Seminole County adjudicating Appellant as delinquent in Case No. JF-2003-1180 should be, and is hereby, REVERSED and REMANDED for a new trial.

IT IS SO ORDERED.

WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 1st day of April, 2004.

STEVE LILE, Vice Presiding Judge
GARY L. LUMPKIN, Judge Dissents
CHARLES S. CHAPEL, Judge
RETA M. STRUBHAR, Judge

ATTEST: Clerk

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Footnotes:

1. Okla. Stat. tit. 22 § 742
2. L. E. Y. U. State, 1982 OK CR 4, 639 P.2d 1253

Oklahoma Statutes citations:

• Okla. Stat. tit. 22 § 742 - Testimony of accomplice

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:

No case citations found.