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Burns v. State

Court of Criminal Appeals of Oklahoma

November 7, 2019

TYRELL DEONTA BURNS, Appellant
v.
THE STATE OF OKLAHOMA, Appellee.

          AN APPEAL FROM THE DISTRICT COURT OF NOWATA COUNTY THE HONORABLE CURTIS L. DELAPP, DISTRICT JUDGE

          ATTORNEYS AT TRIAL ZACHARY T. YOUNG COUNSEL FOR DEFENDANT RYAN G. CANNONIE ASST. DISTRICT ATTORNEY NOWATA CO. COURTHOUSE NOWATA, OK 74048 COUNSEL FOR THE STATE

          ATTORNEYS ON APPEAL CHAD JOHNSON COUNSEL FOR APPELLANT MIKE HUNTER ATTORNEY GENERAL OF OKLA. JAY SCHNIEDERJAN ASST. ATTORNEY GENERAL 313 NE 21ST STREET OKLAHOMA CITY, OK 73105 COUNSEL FOR APPELLEE

          SUMMARY OPINION

          KUEHN, VICE PRESIDING JUDGE

         ¶1 Tyrell Deonta Burns was tried by jury and convicted of Count I, Violation of Mary Rippy Violent Crime Offenders Registration Act; and Count IV, Possession of Drug Paraphernalia, in the District Court of Nowata County, Case No. CF-2015-151. [1] In accordance with the jury's recommendation the Honorable Curtis L. DeLapp sentenced Appellant to ten (10) years imprisonment (Count I); and one (1) year imprisonment and a fine of $1000.00 (Count IV), to run concurrently. Appellant appeals from these convictions and sentences. [2]

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

I. There was no evidence that Appellant was notified of his duty to register with local law enforcement pursuant to the Mary Rippy Violent Crime Offenders Registration Act.
II. The court did not adequately instruct the jury on the elements of violating the Mary Rippy Violent Crime Offenders Registration Act.
III. State Exhibits 29-32, purported copies of Appellant's prior judgment and sentences, should not have been admitted at trial, as they were neither identified by a witness nor self-authenticating.
IV. Appellant's maximum 10-year prison term for violating the Mary Rippy Violent Crime Offenders Registration Act is excessive where Appellant was at least partially compliant.

         ¶3 After thorough consideration of the entire record before us, including the original record, transcripts, exhibits and briefs, we find that the convictions must be reversed with instructions to dismiss.

         ¶4 In Proposition I Appellant argues the State failed to show he had notice that he was required to register with local law enforcement under the Mary Rippy Violent Crime Offenders Registration Act, 57 O.S.2011, § 594. Notice is a basic requirement of due process. Horn v. State, 2009 OK CR 7, ¶ 21, 204 P.3d 777, 783.

         ¶5 Prior to determining if notice was proven to the jury, we must determine if the Act requires notice to the offender. The Act provides that ...


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