852 P.2d 167 (Okla.Crim.App. 1993), PC-92-1010, Williamson v. State

Docket Nº:PC-92-1010.
Citation:852 P.2d 167
Party Name:Ronald Keith WILLIAMSON, Appellant, v. STATE of Oklahoma, Appellee.
Case Date:May 03, 1993
Court:Court of Appeals of Oklahoma, Court of Criminal Appeals of Oklahoma

Page 167

852 P.2d 167 (Okla.Crim.App. 1993)

Ronald Keith WILLIAMSON, Appellant,

v.

STATE of Oklahoma, Appellee.

No. PC-92-1010.

Court of Criminal Appeals of Oklahoma.

May 3, 1993.

Page 168

An appeal from the District Court of Pontotoc County; Ronald L. Jones, District Judge.

Scott W. Braden, Appellate Indigent Defender, Capital Post-Conviction, K. Leslie Delk, Deputy Appellate Indigent Defender, Norman, for appellant.

Susan Loving, Atty. Gen., A. Diane Blalock, Asst. Atty. Gen., Oklahoma City, for appellee.

OPINION DENYING POST-CONVICTION RELIEF

LUMPKIN, Presiding Judge:

Petitioner Ronald Keith Williamson has appealed to this Court from an order of the District Court of Pontotoc County denying his application for post-conviction relief in Case No. CRF 87-90. Petitioner's first degree murder conviction and death sentence were affirmed by this Court in Williamson v. State, 812 P.2d 384 (Okl.Cr.1991), and a petition for rehearing was subsequently denied. A Petition for Certiorari was denied by the United States Supreme Court. See Williamson v. Oklahoma, 503 U.S. 973, 112 S.Ct. 1592, 118 L.Ed.2d 308 (1992).

On June 29, 1992, Petitioner filed an application in the District Court for determination of competency. The application was denied. Petitioner subsequently requested

Page 169

this Court assume original jurisdiction and direct the District Court to grant an evidentiary hearing in the matter. On December 21, 1992, this Court declined to assume original jurisdiction and denied the writ of mandamus. Petitioner filed a Post-Conviction Application in the District Court on July 31, 1992, and it was denied September 18, 1992. That denial is the subject of this appeal.

Petitioner is now asking this Court to review the validity of his conviction and sentence for the third time. Thirty-two (32) propositions of error are raised in Petitioner's brief. Several of these propositions contain numerous separate allegations of error. We have reviewed each and every claim of error and find that all of these claims are barred. Generally, propositions of error numbers 3, 4, 5, 9 through 31 were raised on direct appeal and are therefore barred by res judicata. Castro v. State, 814 P.2d 158, 159 (Okl.Cr.1991); Coleman v. State, 693 P.2d 4 (Okl.Cr.1984); 22 O.S.1981, § 1086. While propositions of error numbers 1, 6, and 32 could have been raised on direct appeal, but were not, and are therefore waived. Jones v. State, 704 P.2d 1138, 1140 (Okl.Cr.1985); Smith v. State, 546 P.2d 1351 (Okl.Cr.1976), 22 O.S.1981, § 1086.

It is well established that it is not the office of the Post-Conviction Procedure Act to provide a "second appeal under the mask of post-conviction application." Ellington v. Crisp, 547 P.2d 391, 393 (Okl.Cr.1976). Title 22 O.S.1981, § 1051, provides for a direct appeal. Defendants may not, thereafter, assert error in piecemeal fashion under the route of post-conviction. Further, defendants may not obtain review of an issue raised previously by presenting it in a...

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