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Lee v. State

Court of Criminal Appeals of Oklahoma

May 31, 2018

GLENDELL DEWAYNE LEE, Appellant
v.
STATE OF OKLAHOMA, Appellee.

          AN APPEAL FROM THE DISTRICT COURT OF TULSA COUNTY THE HONORABLE WILLIAM D. LAFORTUNE, DISTRICT JUDGE.

         APPEARANCES AT TRIAL

          SOFIA JOHNSON GLEN BLAKE TULSA COUNTY PUBLIC DEFENDER'S OFFICE, COUNSEL FOR DEFENDANT.

          STEVE KUNZWEILER DISTRICT ATTORNEY ISAAC SHIELDS MARK MORGAN ASSISTANT DISTRICT ATTORNEYS TULSA COUNTY COURTHOUSE, COUNSEL FOR THE STATE.

         APPEARANCES ON APPEAL

          RICHARD COUCH TULSA COUNTY PUBLIC DEFENDER'S OFFICE, COUNSEL FOR APPELLANT.

          MIKE HUNTER ATTORNEY GENERAL OF OKLAHOMA TESSA L. HENRY ASSISTANT ATTORNEY GENERAL, COUNSEL FOR THE STATE.

          SUMMARY OPINION

          LUMPKIN, PRESIDING JUDGE.

         ¶1 Appellant Glendell Dewayne Lee was tried by jury and convicted of Shooting with Intent to Kill (Counts I and II) (21 O.S.2011, § 652 (A)); Robbery with a Firearm (Count III) (21 O.S.2011, § 801); and Possession of a Firearm After Former Conviction of a Felony (Count IV) (21 O.S.Supp.2014, § 1283) in the District Court of Tulsa County, Case No. CF-15-2282. The jury recommended as punishment imprisonment for one hundred (100) years in each of Counts I and II and for life in each of Counts III and IV. The trial court sentenced accordingly, ordering the sentences to run consecutively. It is from this judgment and sentence that Appellant appeals.

         ¶2 Appellant raises the following propositions of error in support of his appeal:

I. The trial court committed plain error by giving an incomplete jury instruction on the 85% Rule.
II. Prosecutorial misconduct deprived Appellant of a fair trial.
III. Appellant was deprived of the effective assistance of ...

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