Cobbs v. State, F-79-419
Decision Date | 15 May 1981 |
Docket Number | No. F-79-419,F-79-419 |
Parties | Dewayne L. COBBS, Appellant, v. The STATE of Oklahoma, Appellee. |
Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
The appellant was convicted of Armed Robbery in Tulsa County District Court Case No. CRF-77-3478. Punishment was fixed at five (5) years' imprisonment.
Six allegations of error are alleged, one of which contains sufficient merit to require reversal. Although defense counsel failed to object to the numerous instances of prosecutorial misconduct, we conclude that their combined effect was so prejudicial as to adversely affect the fundamental fairness and impartiality of the proceedings and mandate a new trial. See Reeves v. State, 601 P.2d 113 (Okl.Cr.1979).
In view of our disposition of the case this Court deems it unnecessary to mention each prejudicial remark, but we find the following significant:
The prosecutor, Mr. La Sorsa, speculated on the robbers intent when he stated:
"... Do you know how close that robbery is to murder? (Tr. 525)
The evidence in no manner provided a reasonable basis to infer intent to commit the specific crime of murder.
And again, not unlike the language criticized in Lewis v. State, 569 P.2d 486 (Okl.Cr.1977), the prosecutor went beyond the bounds of proper argument by indirect reference to the appellant as a liar:
"... Were these Defendants mistaken or were they lying to you when they told you that? ..."
Additionally, at page 550 of the transcript the prosecutor remarked:
Turning next to the prosecutor's "signpost" argument, we find language playing on societal alarm, condemned by this Court in Cooper v. State, 584 P.2d 234 (Okl.Cr.1978):
"Do you want the kind of city where a 17 year old girl can have the opportunity to go out and make a decent living: Or do you want it like New York where you can't go out at night?" (Tr. 547)
"During the five years that I have been in prosecution, I have developed in my opinion what I consider an expertise in making a recommendation as fair and just punishment under the facts and circumstances and I have one to make today to you people." (Tr. 551)
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