State of Oklahoma v. Danny R. Dawkins

Holdenville, Oklahoma, criminal defense lawyer represented the Defendant charged with first degree manslaugter and unlawful possession of sawed-of shotgun.

¶1 Danny Ray Dawkins was tried by jury and convicted of Count I, First Degree Manslaughter in violation of 21 O.S. § 711,1 and Count II, Unlawful Possession of a Sawed-Off Shotgun, in violation of 21 O.S.2001, § 1289.18, after former conviction of a felony, in the District Court of Hughes County, Case No. CF-2008-20. In accordance with the jury's recommendation the Honorable Timothy L. Olsen sentenced Dawkins to twenty (20) years imprisonment (Count I), and five (5) years imprisonment (Count II), the sentences to run concurrently. Dawkins must serve 85% of his sentence on Count I before becoming eligible for parole consideration. From these judgments and sentences, Appellant appeals.

¶2 Dawkins raises seven propositions of error in support of his appeal:

I. Appellant had an absolute right to use lethal force to repel an unlawful intruder. Therefore, he is immune from prosecution and his conviction for manslaughter, in violation of his legal rights, must be vacated and dismissed.

II. The instruction on section 1289.25 was inaccurate and confusing and did not properly convey the law to the jury.

III. Irrelevant instructions, coupled with the prosecutor's misleading argument, erroneously conveyed to the jury that Dawkins was not legally entitled to act in self defense, violating the Fourteenth Amendment to the United States Constitution and Article II, §§ 7 and 20 of the Oklahoma Constitution.

IV. Evidence of flight was never contested by the defendant rendering the flight instruction a violation of Dawkins' fundamental presumption of innocence.

V. Prosecutorial misconduct deprived Dawkins of a fair trial.

VI. Dawkins was deprived of the effective assistance of counsel in violation of the sixth and fourteenth Amendments to the United States Constitution and Article II, Sections 7 and 20 of the Oklahoma Constitution.

VII. The accumulation of error in this case deprived Dawkins of due process of law and necessitates reversal pursuant to the Fourteenth Amendment to the United States Constitution and Article II, section 7 of the Oklahoma Constitution.

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¶5 Dawkins had never met Sanford but Shonna had told Dawkins about him. After Sanford left on the night of February 5, Dawkins and his friend James Bradley picked up the girls. They drove to Seminole, stopping at Holdenville Lake. Dawkins usually carried a sawed-off shotgun, and he, Bradley and Shonna fired the gun while they were at the lake. They returned to the girls' house. Bradley sat on the couch and Dawkins went outside. Sanford drove up and immediately walked in the house uninvited. Dawkins got his sawed-off shotgun from his car. Sanford spoke to Shonna briefly but was distracted when he saw Bradley on the couch. Asking if Bradley wanted to start something, Sanford began to hit Bradley. Summer and Shonna yelled at Sanford to stop. As Sanford attacked Bradley, Dawkins stepped inside the front door. Sanford turned to look at him. Dawkins raised the gun and shot Sanford once in the chest. Dawkins admitted shooting Sanford but told police it was an accident. Arguing that Sanford was leaving Bradley and coming for him, he claimed self-defense at trial.

¶6 Dawkins claims in Proposition I that his prosecution was barred by the "stand your ground" law. Oklahoma statutes provide that a person has the right to expect absolute safety in a place they have a right to be, and may use deadly force to repel an unlawful intruder. 21 O.S.Supp.2006, § 1289.25. A person who has a reasonable fear of imminent death or great bodily harm to himself or another may use defensive force including deadly force. The person against whom the force is used must commit an unlawful and forcible entry or act which prompts the use of deadly force. 21 O.S.Supp.2006, § 1289.25(B). A person may use deadly force with no duty to retreat when he has the lawful right to be where he is, and when he reasonably believes the use of deadly force is necessary. 21 O.S.Supp.2006, § 1289.25(D). A person whose use of force is justified according to the statute is immune from criminal prosecution and civil action. 21 O.S.Supp.2006, § 1289.25(F).

¶7 Dawkins has claimed throughout the proceedings that this statute applies to him and he should not have been prosecuted. The State responds that the statute does not apply to Dawkins. The State is correct. The statute twice explicitly states that, for a person to be justified in using deadly force, the person must not be "engaged in an unlawful activity". 21 O.S.Supp.2006, § 1289.25(C)(3), (D). Dawkins had an illegally modified weapon - his sawed-off shotgun - and used it to shoot Sanford. At the time he used deadly force, he was engaged in an unlawful act, and he does not get the benefit of the statute.

¶8 When construing statutory language, we must attempt to give effect to the Legislature's intention as expressed in the statute. State v. Anderson, 1998 OK CR 67, ¶ 3, 972 P.2d 32, 33. As a statute's text puts citizens on notice of prohibited conduct, the plain language of the text should guide our interpretation. Anderson, 1998 OK CR 67, ¶ 3, 972 P.2d at 33. "If the Legislature designs a statute for a specific situation, we should give effect to that intent." King v. State, 2008 OK CR 13, ¶ 7, 182 P.3d 842, 844. Dawkins admits that he was in possession of an illegal weapon at the time of the crime. He argues that the plain language of the statute is not sufficient to encompass the Legislature's intent regarding the stand your ground law. Dawkins asks this Court to read into the statute a nexus requirement between the unlawful act and the use of deadly force. He suggests that, under such a reading, the type of weapon he used had nothing to do with his use of deadly force and there is no nexus between his unlawful act (possession of an illegal weapon) and the crime. He argues that the Legislature cannot have intended otherwise law-abiding citizens to be denied the absolute right of self-defense in their homes just because they might be guilty of some "hyper-technical legal violation" such as illegal parking or possession of an illegal weapon. He does not argue that any federal or state constitutional provision would require such a nexus, and we find no constitutional issue which might justify this Court's intervention in the legislative process.

¶9 This Court reviews analogous precedent as we analyze this issue of first impression. In Anderson we parsed the initial version of the "stand your ground" law (then known as the "make my day" law), which did not contain the explicit provision exempting persons who used deadly defensive force while engaged in unlawful activity. We found that the term "occupant" includes any person lawfully inside a dwelling, without regard to any possessory or privacy interest. Anderson, 1998 OK CR 67, ¶ 13, 972 P.2d at 36 We noted that "this statute applies to the 'good guys' as well as the 'bad guys.'" Id. at ¶ 12, 36. The Legislature subsequently amended the law to include the provisions exempting persons engaged in unlawful activity. 21 O.S.Supp.2006, § 1289.25(C)(3), (D).

¶23 The Judgment and Sentence of the District Court of Hughes County is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2011), the MANDATE is ORDERED issued upon the delivery and filing of this decision.