APPEAL FROM THE DISTRICT COURT OF ROGERS COUNTY THE HONORABLE
J. DWAYNE STEIDLEY, DISTRICT JUDGE.
TIMOTHY D. WANTLAND ATTORNEY AT LAW COUNSEL FOR DEFENDANT.
NICOLLETTE BRANDT APPELLATE DEFENSE COUNSEL COUNSEL FOR
ZACHARY T. CABELL ASSISTANT DISTRICT ATTORNEY, COUNSEL FOR
HUNTER ATTORNEY GENERAL OF OKLAHOMA KATHERINE R. MORELLI
ASSISTANT ATTORNEY GENERAL COUNSEL FOR APPELLEE.
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.  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.
We find relief is not required and affirm the Judgment and
Sentence of the district court.
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 statements. A month after that interview, he
asked to speak to investigators again and this time made a
full confession. He directed investigators to the gun he had
pilfered and attempted, without success, to direct them to
the clothing he was wearing during the robbery.
Admission of ...