Stevenson v. State, F-81-109

Decision Date23 November 1981
Docket NumberNo. F-81-109,F-81-109
Citation637 P.2d 878
PartiesOrlando Dale STEVENSON, Appellant, v. The STATE of Oklahoma, Appellee.
CourtUnited States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
OPINION

BUSSEY, Judge:

The appellant, Orlando Dale Stevenson, hereinafter referred to as the defendant, was convicted of Murder in the First Degree, pursuant to 21 O.S.Supp.1980, § 701.7, in Stephens County District Court, Case No. CRF 80-152, was sentenced to life imprisonment, and he appeals.

On June 13, 1980, the defendant, Orlando Dale Stevenson, and the decedent, Neal Glenn Williams, became embroiled in an argument. Several witnesses testified to the effect that the defendant went looking for a gun with which to kill the decedent. Later that evening, the defendant went to the home of Bruce Williams, the decedent's brother, to collect twenty dollars ($20.00) that the brother owed him. No one answered the door at Bruce's house but music could be heard emanating from a neighbor's home. The defendant went to that home and told Bruce that he needed his $20.00. The decedent was sitting on a couch when the defendant looked at him and said, "Man, I'm going to kill you." The defendant then left the house but returned about five (5) minutes later with a shotgun; an argument ensued, and the defendant shot the decedent, who fell to the ground with a gaping hole in his right side.

The defendant then proceeded to a cousin's house and asked him to take him to the police station because he had just shot the decedent. Upon his arrival at the police station, the defendant asked if the decedent was dead and stated that he hoped the decedent was dead. Officer Rhoades testified that he advised the defendant of his Miranda rights and that the defendant waived these rights, which he stated he understood, and then voluntarily, without coercion, gave a written statement confessing that he had shot the decedent. Officer Rhoades also testified that the defendant made the statement that "I hope he's dead", at least fifteen (15) times during the course of the evening.

The defendant presents three (3) assignments of error for our...

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7 cases
  • Ake v. State
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • April 12, 1983
    ...The appellant failed to preserve the issue in the motion for a new trial. Had any error occurred, it was thereby waived. Stevenson v. State, 637 P.2d 878 (Okl.Cr.1981). In addition, the appellant has not shown he was prejudiced at trial by the failure to grant the second preliminary hearing......
  • Elix v. State, F-85-573
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • September 21, 1987
    ...consideration of this issue on any ground other than fundamental error. Glass v. State, 701 P.2d 765 (Okl.Cr.1985); Stevenson v. State, 637 P.2d 878 (Okl.Cr.1981); and Kelsey v. State, 569 P.2d 1028 The instructions as a whole in this case relate the applicable law placing the burden of pro......
  • Smith v. State
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • September 29, 1982
    ...new trial or in his petition in error; thus, this assignment of error has not been preserved for review on appeal. See, Stevenson v. State, 637 P.2d 878 (Okl.Cr.1981), and cases cited Likewise, the appellant's argument that a grand larceny conviction he received in 1967 was more than ten (1......
  • Butler v. State
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • May 21, 1982
    ...trial or in his petition in error; thus, these assignments of error have not been preserved for review on appeal. See, Stevenson v. State, 637 P.2d 878 (Okl.Cr.1981), and cases cited therein. Furthermore, in the instant case, the defendant specifically stated that he had no objection to the......
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