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State of Oklahoma v. Donald Lee Gibson
Date: 10-30-2000
Case Number: cf-96-245
Judge: William C. Hetherington
Court: District Court, Cleveland County, Oklahoma
Plaintiff's Attorney: Cleveland County, Oklahoma District Attorney's Office
Defendant's Attorney:
Click Here For The Best Norman Criminal Defense Lawyer Directory
Description:
Norman, Oklahoma, criminal defense lawyer represented the Defendant charged with frist-degree murder, injury to a minor child, conspiracy to unlawfully removed a dead body, and unlawful removal of a dead body.
¶1 Appellant Donald Lee Gilson was tried by jury for First Degree Murder (21 O.S.1991, § 701.7(C)), Case No. CF-96-245; five counts of Injury to a Minor Child (10 O.S.Supp.1995, § 7115), Case No. CF-96-256; Conspiracy to Unlawfully Remove a Dead Body (21 O.S.1991, § 421(A)(5)), (Count I) and Unlawful Removal of a Dead Body (21 O.S.1991, § 1161), (Count II), Case No. CF-96-247; in the District Court of Cleveland County. The jury returned guilty verdicts in all counts except for three counts of Injury to a Minor Child (Counts III, IV and V in Case No. CF-96-256). As punishment for the non-capital offenses, the jury recommended life imprisonment and a fine of five thousand dollars ($5,000.00) for two counts of Injury to a Minor Child; ten (10) years imprisonment and a fine of five thousand dollars ($5,000.00) for Conspiracy to Remove a Dead Body; and five (5) years imprisonment and a fine of five thousand dollars ($5,000.00) for Unlawful Removal of a Dead Body. The trial court sentenced accordingly. During the second stage of trial, the jury found the existence of two (2) aggravating circumstances and recommended the punishment of death. The trial court sentenced accordingly. From these judgment and sentences Appellant has perfected this appeal.1
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¶40 The language of the statute, setting forth alternative means of committing the crime of child abuse murder, makes it analogous to the crime of felony-murder. Under 21 O.S.1991, § 701.7(B) felony-murder is committed when a death results from a defendant's commission of any of several specifically listed underlying felonies. In a felony-murder prosecution, proof of the underlying felony is needed to prove the intent necessary for a felony murder conviction. Fields v. State, 923 P.2d 624, 634 (Okl.Cr.1996), cert. denied, 520 U.S. 1216, 117 S.Ct. 1704, 137 L.Ed.2d 829 (1997). Further, when the crime is charged in the alternative, with more than one felony charged as the underlying felony, a constitutionally unanimous verdict is required only with respect to the ultimate issue of the defendant's guilt or innocence of the crime charged and not with respect to alternative means by which the crime was committed. Blackwell v. State, 663 P.2d 12, 16 (Okl.Cr.1983).
¶1 Appellant Donald Lee Gilson was tried by jury for First Degree Murder (21 O.S.1991, § 701.7(C)), Case No. CF-96-245; five counts of Injury to a Minor Child (10 O.S.Supp.1995, § 7115), Case No. CF-96-256; Conspiracy to Unlawfully Remove a Dead Body (21 O.S.1991, § 421(A)(5)), (Count I) and Unlawful Removal of a Dead Body (21 O.S.1991, § 1161), (Count II), Case No. CF-96-247; in the District Court of Cleveland County. The jury returned guilty verdicts in all counts except for three counts of Injury to a Minor Child (Counts III, IV and V in Case No. CF-96-256). As punishment for the non-capital offenses, the jury recommended life imprisonment and a fine of five thousand dollars ($5,000.00) for two counts of Injury to a Minor Child; ten (10) years imprisonment and a fine of five thousand dollars ($5,000.00) for Conspiracy to Remove a Dead Body; and five (5) years imprisonment and a fine of five thousand dollars ($5,000.00) for Unlawful Removal of a Dead Body. The trial court sentenced accordingly. During the second stage of trial, the jury found the existence of two (2) aggravating circumstances and recommended the punishment of death. The trial court sentenced accordingly. From these judgment and sentences Appellant has perfected this appeal.1
* * *
¶40 The language of the statute, setting forth alternative means of committing the crime of child abuse murder, makes it analogous to the crime of felony-murder. Under 21 O.S.1991, § 701.7(B) felony-murder is committed when a death results from a defendant's commission of any of several specifically listed underlying felonies. In a felony-murder prosecution, proof of the underlying felony is needed to prove the intent necessary for a felony murder conviction. Fields v. State, 923 P.2d 624, 634 (Okl.Cr.1996), cert. denied, 520 U.S. 1216, 117 S.Ct. 1704, 137 L.Ed.2d 829 (1997). Further, when the crime is charged in the alternative, with more than one felony charged as the underlying felony, a constitutionally unanimous verdict is required only with respect to the ultimate issue of the defendant's guilt or innocence of the crime charged and not with respect to alternative means by which the crime was committed. Blackwell v. State, 663 P.2d 12, 16 (Okl.Cr.1983).
Outcome:
Affirmed on appeal.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of Oklahoma v. Donald Lee Gibson?
The outcome was: Affirmed on appeal.
Which court heard State of Oklahoma v. Donald Lee Gibson?
This case was heard in District Court, Cleveland County, Oklahoma, OK. The presiding judge was William C. Hetherington.
Who were the attorneys in State of Oklahoma v. Donald Lee Gibson?
Plaintiff's attorney: Cleveland County, Oklahoma District Attorney's Office. Defendant's attorney: Click Here For The Best Norman Criminal Defense Lawyer Directory.
When was State of Oklahoma v. Donald Lee Gibson decided?
This case was decided on October 30, 2000.