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State of Oklahoma v. Ramon Ambrose Armstrong
Date: 01-30-2025
Case Number: CF-2020=447
Judge: Grant Sheperd
Court: District Court, Comanche County, Oklahoma
Plaintiff's Attorney: Comanche County, Oklahoma District Attorney's Office
Defendant's Attorney:
Click Here For The Best Lawton Criminal Defense Lawyer Directory
Click Here For The Best Lawton Criminal Defense Lawyer Directory
Description:
Lawton, Oklahoma criminal defense lawyer represented the Defendant charged with DUI, etc.
Defendant was found not guilty on all counts and the State Appealed.
Before the Court of Criminal Appeals was presented with two reserved questions of law. See 22 O.S.Spp.2022, § 1053(3). The questions presented in this appeal are:
(1) whether 47 O.S.Supp.2017, § 756 specifically allows the State to introduce a defendant's refusal to take the State's breath test and to argue to the jury that it is evidence of intoxication, is it error for the trial court to prohibit the State from presenting this evidence to the jury unless a defendant first takes the stand; and
(2) whether Armstrong's refusal to take the State's breath test was a refusal pursuant to 47 O.S.Supp.2017, § 756 and after Armstrong put into evidence both the implied consent test form and the refusal form, should the trial court have instructed the jury pursuant to Instruction No. 9-47, OUJI-CR(2d) (Supp.2008).
Defendant was found not guilty on all counts and the State Appealed.
Before the Court of Criminal Appeals was presented with two reserved questions of law. See 22 O.S.Spp.2022, § 1053(3). The questions presented in this appeal are:
(1) whether 47 O.S.Supp.2017, § 756 specifically allows the State to introduce a defendant's refusal to take the State's breath test and to argue to the jury that it is evidence of intoxication, is it error for the trial court to prohibit the State from presenting this evidence to the jury unless a defendant first takes the stand; and
(2) whether Armstrong's refusal to take the State's breath test was a refusal pursuant to 47 O.S.Supp.2017, § 756 and after Armstrong put into evidence both the implied consent test form and the refusal form, should the trial court have instructed the jury pursuant to Instruction No. 9-47, OUJI-CR(2d) (Supp.2008).
Outcome:
Reversed.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of Oklahoma v. Ramon Ambrose Armstrong?
The outcome was: Reversed.
Which court heard State of Oklahoma v. Ramon Ambrose Armstrong?
This case was heard in District Court, Comanche County, Oklahoma, OK. The presiding judge was Grant Sheperd.
Who were the attorneys in State of Oklahoma v. Ramon Ambrose Armstrong?
Plaintiff's attorney: Comanche County, Oklahoma District Attorney's Office. Defendant's attorney: Click Here For The Best Lawton Criminal Defense Lawyer Directory.
When was State of Oklahoma v. Ramon Ambrose Armstrong decided?
This case was decided on January 30, 2025.