James Linden Keelin v The State Of Oklahoma

M-2000-1482

Filed: Nov. 21, 2001

Not for publication

Prevailing Party: James W. Patterson

Summary

#James W. Patterson appealed his conviction for Unlawful Transportation of an Opened Container of Alcoholic Beverage. Conviction and sentence were six months in county jail and court costs of $1,010.85. #Gary L. Lumpkin dissented.

Decision

IT IS THEREFORE THE ORDER OF THIS COURT, by a vote of 4 - - 1, that the Judgment and Sentence in Beckham County District Court Case No. CF-2000-36 is REVERSED and REMANDED with instructions to DISMISS. IT IS so ORDERED.

Issues

• was there sufficient evidence to support the conviction for unlawful transportation of an opened container of alcoholic beverage?
• did the trial court err in finding that the appellant transported an opened alcoholic beverage upon a public highway, street, or alley?
• was the judgment and sentence in Beckham County District Court properly reversed and remanded with instructions to dismiss?

Findings

• the court found the evidence was not sufficient to support the conviction
• the judgment and sentence were reversed and remanded with instructions to dismiss

M-2000-1482

Nov. 21, 2001

James Linden Keelin

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

Appellant was convicted by jury of Unlawful Transportation of an Opened Container of Alcoholic Beverage in Beckham County District Court, Case No. CF-2000-36, before the Honorable Charles L. Goodwin, District Judge. Following the jury’s recommendation, Appellant was sentenced to six (6) months in the county jail, and assessed court costs, fees and assessments of $1,010.85. Pursuant to Rule 11.2(A)(1), Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2000), this appeal was automatically assigned to the Accelerated Docket of this Court. The propositions of error were presented in oral argument November 8, 2001, pursuant to Rule 11.2(F). At the conclusion of oral argument, the parties were advised of the decision of this Court.

In Appellant’s first proposition of error, he contends the evidence presented at trial was insufficient to support his conviction for unlawful transportation of an opened container of alcoholic beverage. We agree and FIND this case must be REVERSED and REMANDED with instructions to DISMISS. A review of the record reveals insufficient evidence was presented at trial to satisfy the required elements of upon a public highway, street or alley. In other words, there is no record evidence Appellant had transported an opened, alcoholic beverage while upon a public highway, street or alley. See State v. Haws, 1994 OK CR 11, 889 P.2d 1290, 1291.

IT IS THEREFORE THE ORDER OF THIS COURT, by a vote of 4 – – 1, that the Judgment and Sentence in Beckham County District Court Case No. CF-2000-36 is REVERSED and REMANDED with instructions to DISMISS. IT IS so ORDERED.

WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 21st day of November, 2001.

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

ATTEST: Clerk

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Footnotes:

1. Okla. Stat. tit. 22 § 18
2. Okla. Stat. tit. 22 § 11.2(A)(1)
3. Okla. Stat. tit. 22 § 11.2(F)
4. State v. Haws, 1994 OK CR 11, 889 P.2d 1290, 1291

Oklahoma Statutes citations:

• Okla. Stat. tit. 21 § 701.8 - Unlawful Transportation of Opened Container of Alcoholic Beverage
• Okla. Stat. tit. 22 § 11.2(A)(1) - Rules of the Oklahoma Court of Criminal Appeals
• Okla. Stat. tit. 22 § 11.2(F) - 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:

• State v. Haws, 1994 OK CR 11, 889 P.2d 1290, 1291