APPEAL FROM THE DISTRICT COURT OF HASKELL COUNTY THE
HONORABLE BRIAN C. HENDERSON, ASSOCIATE DISTRICT JUDGE
ATTORNEYS AT TRIAL GARY BUCKLES EVAN FREEMAN P.O. BOX 771
POTEAU, OK 74953 COUNSEL FOR DEFENDANT
ATTORNEYS ON APPEAL JAMES H. LOCKARD DEPUTY DIVISION CHIEF
HOMICIDE DIRECT APPEALS DIV. OKLA. INDIGENT DEFENSE SYSTEM
P.O. BOX 926 NORMAN, OK 73070 COUNSEL FOR APPELLANT
WARD DISTRICT ATTORNEY ADAM SCHARN ASSISTANT DISTRICT
ATTORNEY HASKELL COUNTY COURTHOUSE 202 EAST MAIN STREET,
SUITE 11 STIGLER, OK 74462 COUNSEL FOR THE STATE
HUNTER ATTORNEY GENERAL OF OKLAHOMA MATTHEW D. HAIRE
ASSISTANT ATTORNEY GENERAL 313 NE 21ST STREET OKLAHOMA CITY,
OK 73105 COUNSEL FOR APPELLEE
Kendall Ray Thompson was tried by jury and convicted of
Counts I and II, Manslaughter in the First Degree in
violation of 21 O.S.2011, § 711, and Count III, Failure
to Stop at a Stop Sign (Misdemeanor) in violation of 47
O.S.2011, § 11-201, all after former conviction of two
or more felonies, in the District Court of Haskell County,
Case No. CF-2014-74. In accordance with the jury's
recommendation the Honorable Brian C. Henderson sentenced
Thompson to twenty (20) years imprisonment on each of Counts
I and II, to be served concurrently, and a fine of $5.00 on
Count III. Thompson must serve 85% of his sentences on Counts
I and II before becoming eligible for parole consideration.
Thompson appeals from these convictions and sentences.
Thompson raises three propositions of error in support of his
I. The trial court erred in denying Appellant's motion to
quash and instructing the jury on the enhanced range of
punishment for first degree murder [sic].
II. Under the facts and circumstances of this case, the
concurrent twenty-year sentences are excessive and should be
modified by at least partial suspension.
III. Appellant's convictions for both misdemeanor
manslaughter and the underlying misdemeanor cannot stand.
After thorough consideration of the entire record before us,
including the original record, transcripts, exhibits and
briefs, we find that the law and evidence do not require
relief in Counts I and II. Count III must be vacated and
remanded with orders to dismiss.
We first find in Proposition I that the trial court did not
err in denying Thompson's motion at trial to quash the
Supplemental Information charging him with prior convictions.
This is not a jurisdictional claim; Thompson waived this
issue because he failed to timely assert that the evidence at
preliminary hearing was insufficient before he entered a plea
at arraignment. Primeaux v. State, 2004 OK CR 16,
¶ 18, 88 P.3d 893, 900; Koonce v. State, 1985
OK CR 26, ¶ 7, 696 P.2d 501, 504, overruled on other
grounds, Landtroop v. State, 1988 OK CR 90,
¶ 6, 753 P.2d 1371, 1371.
As well, Appellant's argument that he was surprised by
the second page allegations because the second page was not
filed with each amended Information is unpersuasive. We have
upheld a conviction where a second page was initially
separately filed, and not included in the subsequently-filed
amended Informations; the defendant had been bound over on
the alleged prior convictions, and the record clearly showed
he was not surprised by them. Doyle v. State, 1989
OK CR 85, ¶¶ 10, 11, 785 P.2d 317, 322. Like the
defendant in Doyle, the ...