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Hammick v. State

Court of Criminal Appeals of Oklahoma

September 12, 2019

Kenneth Merle HAMMICK, II, Appellant,
v.
The STATE of Oklahoma, Appellee.

Page 1273

          AN APPEAL FROM THE DISTRICT COURT OF ROGERS COUNTY THE HONORABLE J. DWAYNE STEIDLEY, DISTRICT JUDGE

          APPEARANCES AT TRIAL TIMOTHY D. WANTLAND, ATTORNEY AT LAW, COUNSEL FOR DEFENDANT

          ZACHARY T. CABELL, ASSISTANT DISTRICT ATTORNEY, COUNSEL FOR STATE

          APPEARANCES ON APPEAL NICOLLETTE BRANDT, APPELLATE DEFENSE COUNSEL, COUNSEL FOR APPELLANT

         MIKE HUNTER, ATTORNEY GENERAL OF OKLAHOMA, KATHERINE R. MORELLI, ASSISTANT ATTORNEY GENERAL, COUNSEL FOR APPELLEE

          OPINION

         ROWLAND, JUDGE:

Page 1274

         [¶1] Appellant Kenneth Merle Hammick, II appeals his Judgment and Sentence from the District Court of Rogers County, Case No. CF-2015-327, for Robbery with a Dangerous Weapon (Count 1), in violation of 21 O.S.2011, § 801; Burglary in the First Degree (Count 2), in violation of 21 O.S.2011, § 1431; and Larceny of an Automobile (Count 3), in violation of 21 O.S.2011, § 1720, each after former conviction of two or more felonies. The Honorable J. Dwayne Steidley, District Judge, presided over Hammick’s jury trial and sentenced him, in accordance with the jury’s verdict, to thirty-eight years imprisonment on Count 1, twenty years imprisonment on Count 2, and nine years imprisonment on Count 3.[1] Judge Steidley awarded credit for time served and further ordered the sentences to run concurrently. Hammick appeals raising the following issues:

(1) whether the district court erred when it refused to suppress his inculpatory statements to law enforcement;
(2) whether his conviction was based upon an impermissibly suggestive identification procedure; and

(3) whether the district court erred in admitting other crimes evidence under the res gestae exception.

         [¶2] We find relief is not required and affirm the Judgment and Sentence of the district court.

          Facts

         [¶3] The evidence showed Hammick broke into a Claremore, Oklahoma home on May 10, 2015, and robbed its three occupants at gunpoint. He fled the scene by stealing the car of one of the victims. Two of the three victims identified Hammick as the perpetrator from a six-person photographic lineup within days after the crime. Knowing police would be on the lookout for the stolen car, Hammick abandoned it soon after the robbery. He attempted, without success, to steal another car, but nevertheless took a nine millimeter pistol from that car’s console. The next day, a Claremore police officer responded to a trespassing call involving a suspicious man hiding in some bushes; he discovered Hammick there. After his arrest, Hammick denied any involvement in the home invasion robbery during his initial interview. He later expressed a desire for counsel. When investigators subsequently executed a search warrant for a DNA sample, it was Hammick who initiated conversation with them and ultimately made several incriminating ...


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