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Revilla v. State

Court of Criminal Appeals of Oklahoma

December 19, 2019

ANDREW JOSEPH REVILLA, Appellant
v.
THE STATE OF OKLAHOMA, Appellee.

          AN APPEAL FROM THE DISTRICT COURT OF JACKSON COUNTY THE HONORABLE CLARK E. HUEY, ASSOCIATE DISTRICT JUDGE.

         ATTORNEYS AT TRIAL

          KENNY GOZA COUNSEL FOR DEFENDANT

          DAVID THOMAS SOMMER ROBBINS FIRST ASSISTANT AND ASST. DISTRICT ATTORNEYS COUNSEL FOR THE STATE

         ATTORNEYS ON APPEAL

          CHAD JOHNSON COUNSEL FOR APPELLANT

          MIKE HUNTER ATTORNEY GENERAL OF OKLA. KEELEY L. MILLER ASST. ATTORNEY GENERAL COUNSEL FOR APPELLEE

          SUMMARY OPINION

          KUEHN, VICE PRESIDING JUDGE.

         ¶1 Appellant, Andrew Joseph Revilla, was convicted by a jury in Jackson County District Court, Case No. CF-2017-62, of two counts of Lewd Molestation of a Minor, and one count of Forcible Sodomy. On August 29, 2018, the Honorable Clark E. Huey, Associate District Judge, sentenced him in accordance with the jury's recommendation to twenty years imprisonment on each count, and ordered the sentences to be served consecutively. Appellant must serve 85% of these sentences before parole consideration. 21 O.S.Supp.2015, § 13.1 (15), (18).

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

PROPOSITION I. APPELLANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL, AS TRIAL COUNSEL NEGLECTED TO FILE A MOTION TO QUASH AFTER THE STATE FAILED TO PRESENT SUFFICIENT COMPETENT EVIDENCE AT THE PRELIMINARY HEARING.
PROPOSITION II. IMPROPER EVIDENCE OF OTHER CRIMES AND BAD ACTS RENDERED APPELLANT'S TRIAL FUNDAMENTALLY UNFAIR.
PROPOSITION III. AN OVERLY BROAD LIMITING INSTRUCTION ON IMPEACHMENT EVIDENCE RENDERED APPELLANT'S TRIAL ...

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