Metoyer v. State

• Citation: 2022 OK CR 27
• Decision Date: 20 October 2022
• Docket Number: F-2020-431
• Parties: DEMARCO DANZELL METOYER, Appellant v. STATE OF OKLAHOMA, Appellee
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

2022 OK CR 27

DEMARCO DANZELL METOYER, Appellant v. STATE OF OKLAHOMA, Appellee

No. F-2020-431

Court of Criminal Appeals of Oklahoma

October 20, 2022

AN APPEAL FROM THE DISTRICT COURT OF TULSA COUNTY THE HONORABLE SHARON K. HOLMES, DISTRICT JUDGE

APPEARANCES AT TRIAL

CARLYE JIMERSON COUNSEL FOR DEFENDANT

DANIEL LEVY MATTHEW KEHOE ASST. DISTRICT ATTORNEYS TULSA COUNTY COUNSEL FOR THE STATE

APPEARANCES ON APPEAL

ALEX RICHARD COUNSEL FOR APPELLANT

MIKE HUNTER OKLA. ATTORNEY GENERAL JOSHUA R. FANELLI ASST ATTORNEY GENERAL COUNSEL FOR APPELLEE

SUMMARY OPINION

HUDSON, VICE PRESIDING JUDGE

¶1 Appellant, Demarco Danzell Metoyer, was tried and convicted by a jury in the District Court of Tulsa County, Case No CF-2016-5998, of two counts of First Degree Manslaughter After Former Conviction of Two or More Felonies, in violation of 21 O.S.2011, § 711 (1). The jury imposed a sentence of twenty years imprisonment on each count.

¶2 The Honorable Sharon K. Holmes, District Judge, pronounced judgment and sentence in accordance with the jury's verdicts but imposed a $600.00 fine on each count as additional punishment. Judge Holmes ordered both sentences to run concurrently and imposed various costs and fees. ^[1]

¶3 Metoyer now appeals and alleges eleven propositions of error. After thorough consideration of the entire record before us on appeal, including the original record, transcripts, exhibits and the parties' briefs, we find that no relief is required under the law and evidence except with respect to the fines imposed. Appellant's judgment and sentence is AFFIRMED except the $600.00 fine imposed for each count is STRICKEN.

¶4 We begin with Proposition IX, the sole ground in this appeal warranting an extended discussion and for which publication is warranted.

THE FINES IMPOSED BY THE TRIAL COURT AS ADDITIONAL PUNISHMENT WERE UNAUTHORIZED

(Proposition IX)

¶5 In Proposition IX, Appellant challenges the trial court's imposition of a $600.00 fine as additional punishment on each count at formal sentencing. The record shows the jury was correctly instructed that it could impose on each count imprisonment for a term of twenty years to life and a fine not exceeding $10,000.00. The jury's sentencing verdicts however, do not include a fine, only imprisonment. No objection was made to the trial court's imposition of a fine at formal sentencing. Our review is therefore limited to plain error. See Hubbard v. State, 2002 OK CR 8, ¶ 7, 45 P.3d 96, 99. As discussed below, Appellant shows plain error warranting relief on this issue.

¶6 Appellant complains on appeal that the trial court had no authority to impose a fine as additional punishment in light of the jury's sentencing verdict. Appellant cites 22 O.S.2011, § 926.1 which states:

In all cases of a verdict of conviction for any offense against any of the laws of the State of Oklahoma, the jury may, and shall upon the request of the defendant assess and declare the punishment in their verdict within the limitations fixed by law, and the court shall render a judgment according to such verdict, except as hereinafter provided.

¶7 In the present case, the jury assessed and declared Appellant's sentence at the conclusion of the bifurcated sentencing stage. No objection was made to the jury's sentencing verdict when it was returned. The jury was properly instructed on the range of punishment to include not only a term of imprisonment but also a fine. See 21 O.S.2011, § 51.1 (B); 21 O.S.2011, § 64 (B); 21 O.S.2011, § 715. ^[2] Despite this fact, the jury's sentencing verdict included no fine.

¶8 For over forty years, we have interpreted § 926.1 in the following way. So long as a jury's sentencing verdict is within statutory limits, and is otherwise legally proper, the trial judge has the authority to suspend a sentence in whole or part under 22 O.S.2021, § 991a but the court "may not impose a sentence different from that set by the jury." Howell v. State, 1981 OK CR 82, ¶ 9, 632 P.2d 1223, 1225. E.g., Luker v. State, 1976 OK CR 135, ¶ 12, 552 P.2d 715, 719 ("[W]here the jury declare the punishment in their verdict within the limitations fixed by law, the district courts of this State must render a judgment according to such verdict and are without authority to modify the punishment assessed by the jury in pronouncing judgment upon the conviction."); Fleming v. State, 1988 OK CR 163, ¶ 10, 760 P.2d 208, 210 (no abuse of discretion where the trial court considered and rejected the defendant's request for a suspended sentence "then followed its statutory duty and imposed the sentence set by the jury"); ^[3] Luna v. State, 2016 OK CR 27, ¶ 18, 387 P.3d 956, 961-62, overruled on other grounds, White v. State, 2021 OK CR 29, ¶ 8, 499 P.3d 762, 767 ("Section 926.1 vests the jury with authority to render punishment. Once a defendant elects a jury trial and the jury decides punishment within the applicable range of punishment in its verdict, the trial court must impose the jury's punishment verdict."). This interpretation is consistent with neighboring statutes addressing the trial court's duties when the jury fails to agree, or does not declare, such punishment by their verdict or otherwise sets punishment greater than the highest limit declared by law for the offense. See 22 O.S.2021, §§ 927.1 -928.1.

¶9 We have identified the right to jury sentencing contained within § 926.1 as being so fundamental that "[t]he defendant may not unilaterally waive the assessment of punishment by a jury which is able to agree." Case v. State, 1976 OK CR 250, ¶ 25, 555 P.2d 619, 625. "[T]he state in our adversary criminal justice system has a valid and legitimate interest in trying its cases before that body which history shows and the framers of our Constitution knew produced the fairest end result--the jury." Id., 1976 OK CR 250, ¶ 26, 555 P.2d at 625. See Love v. State, 2009 OK CR 20, ¶ 3, 217 P.3d 116, 117 (holding that any proposed waiver of jury punishment must be joined by both the prosecutor and trial judge). A defendant thus has no right to have a jury decide his guilt and then have a judge decide his sentence. Case, 1976 OK CR 250, ¶ 26, 555 P.2d at 625; Reddell v. State, 1975 OK CR 229, ¶ 30, 543 P.2d 574, 581-82.

¶10 In Fite v. State, 1993 OK CR 58, 873 P.2d 293, this Court addressed the power of a trial court to impose a monetary fine in the face of a jury's sentencing verdict. In Fite, the jury imposed a $100,000 fine for the defendant's conviction of unlawful cultivation of marijuana. Id. at ¶ 1, 873 P.2d at 294. Defendant's sentence was enhanced, however, using the wrong enhancement provision. Id. at ¶ 4, 873 P.2d at 294. The correct enhancement provision was 21 O.S. § 51 (B) which, of course, does not contain a fine. Fite, 1993 OK CR 5, ¶¶ 7-8, 873 P.2d at 295. This meant the general fine provision in 21 O.S. § 64 was applicable. Fite, 1993 OK CR 58, ¶¶ 8-9, 873 P.2d at 295. We ultimately modified the $100,000 fine imposed by the jury to $10,000--the maximum fine authorized under § 64. Fite, 1993 OK CR 58, ¶ 11, 873 P.2d at 295.

¶11 The version of § 64 governing Fite authorized the "court" to impose a fine, not the jury. Fite, 1993 OK CR 58, ¶ 9, 873 P.2d at 295. Fite overruled a prior case-- Brown v. State, 1957 OK CR 70, 314 P.2d 362, 366--which interpreted the then-existing sentencing statutes and held inter alia that "where a defendant is tried and sentenced by the jury, the court may not impose a fine under § 64." Fite, 1993 OK CR 58, ¶ 9, 873 P.2d at 295. Because Brown allowed a defendant who pled guilty to be punished more harshly than a defendant who was convicted by a jury, and because the Legislature had enacted 22 O.S. § 991a which authorized the trial court "in certain circumstances, to impose additional, or alternative, sanctions as prescribed by law[,]" we held the following in Fite:

Like § 991a, § 64 should be given effect and the trial court should be allowed to impose an appropriate fine under § 64 even when the defendant is sentenced to a term of imprisonment by the jury. Of course, nothing in § 64, or in this opinion, entitled the trial court to deviate from the term of imprisonment actually imposed by the jury. Accordingly, we overrule Brown v. State... to the extent that it is inconsistent with this opinion. Further, we modify the fine imposed on Fite from $100,000 to $10,000, the maximum permissible fine under § 64.

Fite, 1993 OK CR 58, ¶ 11, 873 P.2d at 295.

¶12 Since Fite, we have been inconsistent in our unpublished decisions on whether the trial court at formal sentencing may impose a fine. In Frye v. State, No. F-2009-998, slip op. (Okl. Cr. May 5, 2011) (unpublished), we held that the trial court imposed an unauthorized $1,000 fine at sentencing after the jury was properly instructed on the option of ordering the defendant to pay a monetary fine but declined to assess any fine in its sentencing verdict. The State conceded that imposition of the fine under these circumstances was error. We cited Howell, 1981 OK CR 82, ¶ 9, 632 P.2d at 1225 and Luker, 1976 OK CR 135, ¶ 12, 552 P.2d at 719 for the proposition that a trial judge may not impose a sentence different than that set by the jury. In Mixon v. State, No. F-2017-902, slip op. (Okl. Cr. Nov. 15, 2018) (unpublished) and Coke v. State, No. F-2018-384, slip op. (Okl. Cr. May 23, 2019) (unpublished), we found no plain error on the same basic facts and affirmed the trial court's imposition of fines in each case. Mixon and Coke collectively relied upon Fite and 22 O.S. § 991a.

¶13 Fite is distinguishable from the present case. The jury in Fite actually imposed a fine that required modification on appeal by this Court because the defendant was sentenced under the wrong enhancement statute. Further 21...