Clark v. State

1986 OK CR 65, 718 P.2d 375, 1986 Okla. Crim. App. LEXIS 247
CourtCourt of Criminal Appeals of Oklahoma
DecidedApril 29, 1986
DocketF-83-253
StatusPublished
Cited by26 cases

This text of 1986 OK CR 65 (Clark v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clark v. State, 1986 OK CR 65, 718 P.2d 375, 1986 Okla. Crim. App. LEXIS 247 (Okla. Ct. App. 1986).

Opinions

OPINION

BUSSEY, Judge:

The appellant, Sharon Kate Clark, was convicted of the crime of Second Degree Murder in the District Court of Cherokee County in Case No. CRF-80-108 and was sentenced to ten (10) years to life imprisonment, and she appeals.

In the summer of 1980 the appellant’s twelve-year-old son played on a little league baseball team and his step-father, appellant’s husband, was the coach. A group of mothers that frequently attended the games made remarks about the playing ability of several of the players, including appellant’s son.

Appellant testified that she thought of the women as a “gang” and believed that they wanted to “destroy” her son. However, the members of the group all testified that nothing extraordinary was said to appellant’s son, and each denied having anything against him.

On July 10, 1980, the appellant purchased a pistol and a box of cartridges. On July 15, she decided to pour motor oil on one of the women in retaliation for alleged derogatory remarks which she believed were made to her son. Before going to the ballpark that day, she concealed the revolver in her pants and filled a large cup with oil. After she arrived at the ballpark, she walked over to the bleachers and threw the motor oil in the face of one of the women. The victim, who was a guest at the game, immediately attacked the appellant, and the pair tumbled off the bleachers. As the two women struggled, the appellant shot and killed the victim.

Immediately after the shooting two men disarmed appellant and restrained her until the police arrived.

After the appellant shot the victim she exclaimed “oh damn, I shot the wrong bitch!” When asked what she thought her son would think of her actions, the appellant stated, “I left him at home.” The appellant also told the women that they should not pick on her son, but should pick on someone their own size. After uttering numerous vulgar and profane statements, the appellant told one of the women, “We got the wrong person, the bullet was meant for you,” and “I had no quarrel with his woman, I wanted to get the Murphy bitch.”

When the police arrived the appellant was transported to the police station where she became unruly and had to be carried up the stairs. In her cell, the appellant laid on the floor in a fetal position, cried, called for her “mama,” and remained non-communicative.

As her first assignment of error, the appellant contends that the trial court [377]*377erred in conducting portions of her trial during her absence. The appellant was permitted to leave the courtroom at defense counsel’s request on two occasions, and she remained in a room adjoining the courtroom when the jury returned to the courtroom after deliberation because she believed people would laugh at her.

It is well settled that a defendant has both a statutory and a constitutional right to be present at all stages of his trial. 22 O.S.1981, § 583; Parker v. State, 556 P.2d 1298 (Okl.Cr.1976). However, when one voluntarily absents himself from the trial this right is waived. Roberts v. State, 523 P.2d 1150 (Okl.Cr.1974); Warren v. State, 537 P.2d 443 (Okl.Cr.1975). On all three occasions when the appellant was absent from the trial, she left voluntarily and on two occasions she left at defense counsel’s request. Appellant now alleges that the trial court should not have allowed her to leave the courtroom without any warning or inquiry. However, the United States Supreme Court rejected the same argument in Taylor v. United States, 414 U.S. 17, 94 S.Ct. 194, 38 L.Ed.2d 174 (1973), and held that:

Petitioner had no right to interrupt the trial by his voluntary absence, as he implicitly concedes by urging only that he should have been warned that no such right existed and that the trial would proceed in his absence. The right at issue is the right to be present, and the question becomes whether that right was effectively waived by his voluntary absence.
It is wholly incredible to suggest that petitioner, who was at liberty on bail, had attended the opening session of his trial, and had a duty to be present at the trial, see Stack v. Boyle, 342 U.S. 1, 4-5, 72 S.Ct. 1, 3-4, 96 L.Ed. 3 (1951), entertained any doubts about his right to be present at every stage of his trial. It seems equally incredible to us, as it did to the Court of Appeals, ‘that a defendant who flees from a courtroom in the midst of a trial — where judge, jury, witnesses and lawyers are present and ready to continue — v/ould not know that as a consequence the trial could continue in his absence.’ [United States v. Taylor,] 478 F.2d 689, 691 (1973).

We are of the opinion that the appellant was voluntarily absent from the trial, and waived her right to be present. This assignment of error is without merit.

In her second assignment, the appellant alleges that the trial court abused its discretion by failing to initiate a competency determination on its own motion. We disagree.

Title 22 O.S.1981, § 1175.2(A) states in pertinent part: “The Court may, at any time, initiate a competency determination on its own motion, without an application, if the court has a doubt as to the competency of the person.” The appellant argues that the testimony at trial concerning her past behavior during and subsequent to the slaying, and her outbursts of crying during the trial, should have raised a reasonable doubt as to her competency to stand trial. However, 22 O.S.1981, § 1175.1(1) defines “competent” or “competency” as

[T]he present ability of a person arrested for or charged with a crime to understand the nature of the charges and proceedings brought against him, and is able to effectively and rationally assist in his defense. (Emphasis added).

Both psychologists who testified, one of whom was appellant’s own expert, stated that they believed the appellant was presently competent to stand trial. This Court has held that the finding of the trial court will not be disturbed on appeal unless a clear abuse of discretion is shown, Beck v. State, 626 P.2d 327 (Okl.Cr.1981). Finding no abuse of discretion, this assignment of error is without merit.

Next, the appellant argues that the State presented insufficient evidence to prove that the appellant was sane beyond a reasonable doubt.

The M’Naghten rule is the test for insanity in Oklahoma. 21 O.S.1981, § 152. The initial burden is on the defendant to establish a reasonable doubt as to his sanity. Munn v. State, 658 P.2d 482 [378]*378(Okl.Cr.1983). If the defendant establishes a reasonable doubt of his sanity, the presumption of sanity vanishes and it is incumbent upon the State to prove beyond a reasonable doubt that the defendant could distinguish between right and wrong at the time of the offense. Id. at 484.

In the present case, the appellant presented the testimony of a clinical psychologist who had interviewed the appellant nine (9) months after the murder and diagnosed her as psychotic.

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Miller v. State
1988 OK CR 29 (Court of Criminal Appeals of Oklahoma, 1988)
Coggin v. State
1987 OK CR 243 (Court of Criminal Appeals of Oklahoma, 1987)
Walton v. State
1987 OK CR 227 (Court of Criminal Appeals of Oklahoma, 1987)
Watkins v. State
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Walker v. State
1986 OK CR 116 (Court of Criminal Appeals of Oklahoma, 1986)
Clark v. State
1986 OK CR 65 (Court of Criminal Appeals of Oklahoma, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
1986 OK CR 65, 718 P.2d 375, 1986 Okla. Crim. App. LEXIS 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-state-oklacrimapp-1986.