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Is a summary of the case of Messick vs. State, found at OK CR 3. The defendant was convicted of two counts of attempted murder. So as to 20 years on each count with the sentences to run consecutively. When the sentence is consecutive they are served one after the other. So, for example, if a person is sentenced to five years on count one and 10 years on a second count after the five-year sentence is completed, the 10-year sentence will start to run. If the sentence is concurrent, they are served at the same time, not one after the other.

In December 2001, Messick, and their two-year-old son stopped to visit a neighbor. While they were there is a can his wife smoked a marijuana joint. They were frequent users of methamphetamine and marijuana. How are they testified that they had not used meth that day?

They later went home. When they got there, Messick was an able to falsely. Sometime later he came out as a juror and wall racial was cooking something. She knows a bottle of pills in his pocket. She asked to see what they were, but he refused to show her. She became irritated and threatened to divorce him.

A short time later, Messick came up behind his wife and put her in a chokehold. She pleaded with him to stop but he wouldn’t. When his wife woke up, she was not sure where she was but realized that her husband was hitting her in the back of the head with something. She then lost consciousness again. At some point, she woke up enough to see her husband carrying her son into the dining room. The defendant was a child by his head.

Wife went unconscious again up to find her husband Stephanie Ragan term at. When she woke up again it appeared that her husband was setting the house on fire. Despite being thoroughly beaten, she managed to find her son and into a bedroom. She managed to break a window and set the child on the ground outside. Neighbor helped rescue her. She and her son were taken to the hospital and treated for smoke inhalation. Photographs admitted at trial showed that the child had bruising on his face and on his left there. Photos the wife showed that she had severe bruising and swelling are faced and neck. The bone around her I was fractured and she had bleeding in both of her eyes.

Messick called the Sheriff’s office to do a and turn himself in. The tape-recorded statement to the Sheriff’s, he confessed to and child. He admitted that he was trying to break his son’s neck. Became angry about the possibility of his wife leaving him and he did not want else raising his own. He also confessed to having another charge a warrant out for his arrest.

On appeal, he argued that his convictions for attempted murder violated due process because the crime of attempted first-degree murder does not exist in Oklahoma. He maintained that it was improper for the state to charge and convict him entered that Oklahoma’s general attempt statute in common with first-degree murder statute because a separate statute specifically addresses the kind of attempted killing with which he was charged. He admitted to being a heavy user of drugs, especially methamphetamine and marijuana.

The defendant raised this claim at the trial court level. Was rejected the trial court judge. However, at sentencing the court that the defendant’s legal argument was valid. So it found that the maximum sentence they could be imposed for the intent of killings of his wife and child was 20 years on each count. The court sentenced him to 20 years on each count rather than the life without parole sentences given by the jury. Nonetheless, the court did not modify the description of the crimes for which the defendant was convicted. As a result, the judgment and sentence states that Messick was convicted of counsel attempted murder.

Tulsa criminal defense attorney Stephen Cale said that Oklahoma’s attempt statute states that every person who attempts to commit any crime but fails or is prevented from doing so punishable where no provision is made by the law for the punishment of such attempt. So, the general attempt statute applies only where states criminal statutes do not contain a separation apply to a specific type of attempt charge.

The Oklahoma Court of Appeals is recognized that charging attempts to kill under the general attempt statute is not appropriate this is been recognized for over 50 years, said Tulsa criminal defense attorney Stephen Cale. The general statute is designed to cover attempts to commit a crime or there have been no specific enactment statutes to cover such attempt crimes. So, for example, attempts to kill by shooting are specifically provided for by statute.

Is the role of the Court of Criminal Appeals to decide issues that are properly raised before. If there’s an error, it is not praised to the case before the court ’s failure to address or fix it cannot be interpreted as a finding that the court finds of air does not exist. The appellate court found that Messick should be charged and tried a different statute of assault and battery force likely to produce death, or simply attempt to kill. However, the Oklahoma Court of Criminal Appeals found that Messick had not been prejudiced by his convictions were tempted murder to the extent that he is entitled to a new trial. That’s because there was sufficient evidence to convict him under the statute should be charged.
Tulsa criminal defense attorney Stephen Cale said that he’s had charges against his clients is best because the prosecutor improperly filed charges. This is one of the things that attorney Stephen Cale looks for getting charges dismissed. Typically, involves filing a demurrer and motion to dismiss. If you’re looking for aggressive legal representation, call the Cale law office at 918-277-4800 and schedule your free initial consultation.