State of Oklahoma v. Thomas C. Levering

Oklahoma City, Oklahoma criminal defense lawyers represented the Defendant charged with Assault with Intent to Commit a Felony, (Count I) (21 O.S.Supp.2007, §§ 681); Kidnapping (Count II) (21 O.S.Supp.2009, §§ 741), and Second Degree Rape by Instrumentation (Counts IV--VII) (21 O.S.Supp.2009, §§ 1111.1), all counts After Former Conviction of Two or More Felonies.



2013 OK CR 19, 315 P.3d 392:



¶7 This case presents us with the legal question as to how the admission of propensity evidence under 12 O.S.Supp.2007, §§ 2413; Horn v. State, 2009 OK CR 7, 204 P.3d 777 and James v. State, 2007 OK CR 1, 152 P.3d 255 and the application of 21 O.S.Supp.2002, §§ 51.1(B) regarding the use of transactional prior convictions for enhancement purposes interrelate.3 It is not unusual for this Court to see multiple charges and convictions arising out of a transactional series of sex related offenses perpetrated on a single victim. Pursuant to Horn and James evidence of these acts is admissible in the first stage of trial as propensity evidence

The Defendant was found guilty and was sentenced to life in prison in each count and the trial court sentenced accordingly, ordering the sentences to be served consecutively.



¶24 The Judgments are AFFIRMED. The case is REMANDED to the District Court for RESENTENCING consistent with this opinion. The Motion to Supplement the Record with the felony informations in Case Nos. CF-1979-1476, 1477 and 1478, is granted pursuant to Rule 3.11(A), Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2013). Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2013), the MANDATE is ORDERED issued upon the delivery and filing of this decision.