Court Ruling

F-2018-595

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **GARRET TAYLOR MANKIN,** Appellant, Case No. F-2018-595 **v.** **STATE OF OKLAHOMA,** Appellee. --- **FILED IN COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA, JUL 11 2019** John D. Hadden, Clerk --- ### SUMMARY OPINION **HUDSON, JUDGE:** **Background:** Garret Taylor Mankin was tried and convicted in a nonjury trial in Pontotoc County District Court (Case No. CF-2015-347) for two counts of Lewd Acts with a Child Under Twelve (Counts 1 and 3), violating 21 O.S.Supp.2013, § 1123(A)(2). He was sentenced to twenty-five years imprisonment for each count, with the last five years of both sentences suspended. Originally charged with eleven counts, the trial court dismissed the majority by agreement of the parties. Mankin must serve eighty-five percent of his sentence before being eligible for parole. **Propositions of Error:** Mankin raises two propositions of error concerning the trial court's admission of hearsay statements from the alleged victims, P.M. and F.Y. 1. **Admittance of P.M.'s Hearsay Statements:** Mankin argues that the hearsay statements made by P.M. were not inherently trustworthy. The court found that the statements were admissible under 12 O.S.Supp.2013, § 2803.1, which allows for the admission of hearsay statements made by children under twelve regarding sexual contact against them if deemed reliable. Upon review: - P.M. disclosed the inappropriate touching to both her mother and a forensic interviewer, with consistent elements in her accounts. - Merely due to the nature of her disclosure or the method of questioning, the statements remained trustworthy. - The court determined that there was no abuse of discretion in this ruling. 2. **Admittance of F.Y.'s Hearsay Statements:** Mankin contends that F.Y.’s statements were not spontaneous or consistent, arguing similar points regarding terminologies used and that they lacked reliability. Upon review: - F.Y. made statements on the same day she was seen being inappropriately touched. - The mother’s questioning was open-ended and not leading. - F.Y.'s use of child-appropriate language (referring to the genitalia as a fat leg) supported the statement’s reliability. - The trial court's decision to admit the statements was upheld due to sufficient indicia of reliability. **Outcome:** After thorough consideration of the entire record and the propositions raised, the Court found no error that warranted relief. The judgments and sentences imposed by the District Court were affirmed. **Concurrences:** - Lewis, P.J. - Kuehn, V.P.J. - Lumpkin, J. - Rowland, J. **Opinion Filed:** Hudson, J. **Note**: For further details, you can download the full opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-595_1735312387.pdf).

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RE 2014-0777

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In OCCA case No. RE 2014-0777, Rogelio Solis, Jr. appealed his conviction for Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to affirm the order revoking his suspended sentence but found merit in his argument regarding post-imprisonment supervision and remanded the case to modify that part. One judge dissented.

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S-2014-812

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In OCCA case No. S-2014-812, the State of Oklahoma appealed the conviction of Adam Clayton Zilm for Sexual Abuse of a Minor. In an unpublished decision, the court decided to affirm the ruling of the District Court that suppressed certain child hearsay statements. One judge dissented. The case started when Adam Clayton Zilm was charged with sexually abusing a minor in Tulsa County. Before the trial began, there was a hearing to determine if the statements made by the child victim, K.A., could be used as evidence in the trial. During this Reliability Hearing, the child made statements to a forensic interviewer and a neighbor about the alleged abuse. However, K.A. later testified that she had not been abused and said she had been influenced to make claims about the abuse. The State argued that the trial court was wrong to suppress the child’s statements because they believed the statements should have been allowed to support the case against Zilm. The court had to decide if these hearsay statements were trustworthy to be presented at trial. According to Oklahoma law, a child’s hearsay statements can be used if the court finds them to be reliable based on several factors. The trial court decided that K.A.'s statements to the forensic interviewer and neighbor were not reliable enough. They allowed K.A. to give her testimony because it was necessary to determine if her earlier statements could be trusted. The court found inconsistencies in her testimony compared to her earlier claims, which made the hearsay statements questionable. The appellate court upheld the trial court's decision, stating that they did not abuse their discretion by suppressing the hearsay statements from the child victim. They believed the trial court made the right choice by considering the total context around the statements. Meanwhile, one judge disagreed. This judge felt that the earlier statements made by K.A. should still be considered admissible. They argued that the trial court focused too much on K.A.'s later testimony, which could have been influenced and not truly reflected what had happened earlier. Overall, the court decided that the suppression of the hearsay evidence was appropriate, allowing the earlier ruling to stand and ensuring that K.A.'s inconsistent statements were not used in the trial against Adam Clayton Zilm.

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S-2013-696

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In OCCA case No. S-2013-694, S-2013-695, S-2013-696, the defendants appealed their conviction for kidnapping and first-degree burglary. In a published decision, the court decided to affirm the dismissal of the charges against the defendants. No one dissented. The case began when three bail bondsmen, Fred Green and his two employees, Ronald Krushe and Christopher Thornburg, were charged with kidnapping and burglary after they tried to arrest two people, Billy and Pam Jones, who had skipped out on their bail. They went to a home in Pawnee County where the Joneses were staying and entered without permission. They handcuffed the couple and attempted to take them to jail. However, the defendants argued that they had the legal right to arrest the Joneses because they had a valid bond with them. The court found that since they were acting within their legal authority when they arrested the couple, they did not commit kidnapping or burglary. The State disagreed, claiming that the defendants had intended to commit a crime. However, the court concluded that the defendants were within their rights and did not abuse their power. Therefore, the charges were dismissed, and the court upheld this dismissal in their ruling.

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RE-2011-277

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In OCCA case No. RE-2011-277, Johnson appealed his conviction for Feloniously Carrying a Firearm. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but vacated an additional Victim Compensation Assessment. Johnson dissented. The case began when Johnson entered a guilty plea on August 3, 2005, and was sentenced to ten years in prison, with six months of that sentence being served in jail and the rest suspended, meaning he wouldn't have to serve it unless he broke the law again. He was also fined and had to pay a fee for victim compensation to help those who had been hurt by crimes. Later, in November 2005, the State, which is like the government in this case, claimed Johnson broke his probation by getting into trouble again, which included resisting arrest and having drugs. Because of this, on March 10, 2006, the court decided to make him serve eighteen months of his suspended sentence. Johnson continued to have problems. He was charged with more crimes in 2008, including stealing from a house and having drugs. He went through a special program to help people with drug problems and successfully finished it. In June 2010, the court dismissed some applications to revoke his probation because of progress he made. However, on March 1, 2011, the State filed another application saying Johnson broke the rules again, claiming he tried to escape from the police, attacked a police officer, and had more drugs. A hearing was held on March 14, 2011, where the judge decided to revoke ninety months of Johnson's suspended sentence. Johnson argued in his appeal that the judge was wrong to make him pay another victim compensation fee during the revocation hearing. He believed this fee could only be applied when someone was first convicted, and since the revocation wasn't a new conviction, he shouldn’t have to pay it again. The State said it didn’t matter since the record only showed the original fee, but Johnson insisted the extra fee should be removed. The court agreed with Johnson, explaining that a victim compensation fee should only be applied at the time of the original sentencing, not at a revocation hearing. Therefore, the court decided to remove the $200 fee that was added during the revocation. In his final point, Johnson asked the court to lessen the time he had to serve because he had made improvements while on probation. However, the court found that the judge in charge did not abuse his discretion in deciding how long to revoke Johnson's suspended sentence. Overall, the court confirmed the revocation of Johnson’s sentence but dismissed the new Victim Compensation fee.

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S-2009-719

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In OCCA case No. S-2009-719, the appellant appealed his conviction for Driving While Under the Influence of Alcohol, Second and Subsequent Offense. In an unpublished decision, the court decided to affirm the lower court's decision, which had quashed the felony charge. One member of the court dissented. Leslie Doyle was charged with multiple offenses, including a second DUI, after a traffic incident on April 1, 2001. Initially, the state claimed Doyle had a prior DUI conviction from June 17, 1998, which would elevate his charge from a misdemeanor to a felony. However, Doyle's attorney argued that since more than ten years had passed since the 1998 conviction, this should not be treated as a felony charge under Oklahoma law. After entertaining arguments from both sides, the special judge ruled in favor of Doyle, stating that because of the ten-year rule, the state could not pursue a felony charge against him. The state then appealed the decision. The core of the argument revolved around the interpretation of statutes related to DUI offenses. The state believed that the existing law allowed them to enhance the charge based on the earlier conviction if the DUI was committed within ten years, regardless of the conviction date. Meanwhile, Doyle maintained that his prior conviction had to occur within ten years of the new charge in order for it to be considered a felony. The reviewing district court confirmed the special judge's ruling, concluding that the law explicitly states convicted and not merely committed, meaning that for enhancement to apply, Doyle's prior conviction must have occurred within the ten-year timeframe, which was not the case here. Ultimately, the court found in favor of Doyle, maintaining that the specific statutes dealing with DUI enhancement supported his case. The court's opinion affirmed the lower court's decision to quash the supplemental information that would have allowed for the felony charge to proceed. A member of the court disagreed with this conclusion and expressed dissent.

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