Rucker v. State
| Decision Date | 26 June 1978 |
| Docket Number | No. F-77-647,F-77-647 |
| Citation | 1978 OK CR 62,580 P.2d 1005 |
| Parties | Samuel Gordon RUCKER, Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Appellant, Samuel Gordon Rucker, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Oklahoma County, Case No. CRF-76-4499, of the offense of Escape From a State Penitentiary, in violation of 21 O.S.1971, § 443. His punishment was fixed at two (2) years' imprisonment, and from said judgment and sentence a timely appeal has been perfected to this Court.
The evidence at trial established that the defendant was an inmate at the Oklahoma City Community Treatment Center, a part of the Oklahoma State correctional system, on December 4, 1976. On that date, the defendant returned to the center at approximately 10:15 p.m. Treatment officers at the center testified that they believed the defendant had been drinking, a violation of the center's rules. They took him to the Highway Patrol Training Center for a breathalyzer test and then to the Oklahoma County jail. Before the officers from the Community Treatment Center were able to turn the defendant over to the County authorities, the defendant escaped. He later turned himself into authorities, and at trial he admitted that he had escaped.
The defendant asserts in his sole assignment of error, that the trial court erred in directing a verdict of guilty to the jury. The State argues that because the defendant testified and admitted every material element of the offense the trial court properly instructed the jury that the only issue left was that of punishment. We must agree with the assertion of the defendant.
It has long been a constitutional and statutory right of accused in this state that a defendant has the right to a jury's determination of his or her guilt, even in such cases where during the course of a trial the defendant admits his or her guilt. Mougell v. State, 97 Okl.Cr....
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Walker v. State
...with this result, Appellant now claims that he was denied the rights associated with acceptance of a guilty plea. In Rucker v. State, 580 P.2d 1005 (Okl.Cr.1978), we held that the trial court erred when it directed a verdict of guilty after the defendant took the stand and admitted the comm......
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United States v. Salazar
...his Sixth Amendment right to a jury trial, and his Sixth Amendment right to confront adverse witnesses.). 14.See Rucker v. State, 580 P.2d 1005 (Okla.Crim.App.1978) (It has long been a constitutional and statutory right of accused in this state that a defendant has the right to a jury's det......
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Dodd v. State
...denial of due process. We disagree." 7. Rock v. Arkansas, 483 U.S. 44, 107 S.Ct. 2704, 2708-10, 97 L.Ed.2d 37 (1987). 8. Rucker v. State, 1978 OK CR 62, 580 P.2d 1005. Dodd's acceptance of this principle detracts from his suggestion that waiver of his § 860 benefit abrogates the concept of ......