Stanley v. State8/11/1988
Rehearing Denied September 7, 1988.
TERRY GLENN STANLEY, APPELLANT,
v.
STATE OF OKLAHOMA, APPELLEE.
An Appeal from the District Court of Bryan County; Joe C. Taylor, District Judge.
Mark Barrett, Asst. Appellate Public Defender, Norman, for appellant.
Robert H. Henry, Atty. Gen., Wellon B. Poe, Asst. Atty. Gen., Oklahoma City, for appellee.
AFFIRMED.
OPINION
The opinion of the court was delivered by: PARKS, Judge.
Terry Glenn Stanley, appellant, was tried by jury and convicted of First Degree Murder [21 O.S.Supp. 1982 § 701.7 [21-701.7]], in Case No. CRF-84-219, in the District Court of Bryan County, the Honorable Joe C. Taylor, District Judge, presiding. The jury assessed punishment at imprisonment for life. Judgment and sentence was imposed in accordance with the jury's verdict. We affirm.
Until her death on August 5, 1984, B.F., aged 15, and appellant, aged 26, shared a meretricious relationship for a year. Despite her tender age, B.F. had been a prostitute before meeting appellant. Appellant's motive for murdering B.F. is graphically revealed by his confession to the O.S.B.I.: " e said that she was only fifteen and she already sold her ass a bunch of times at the Hilltop [Motel] in Calera. And he said he didn't want her f____king all those people." [Tr. at 113] "He said she does that s____t to me and I love her. And I just can't stand it." [Tr. at 160-161]
On August 3, 1984, B.F. asked appellant to take her to a party at the home of Leon Brigman, a 62-year-old drug dealer. At the party, Brigman offered appellant $20 if he would permit B.F. to perform oral sex on Brigman. Appellant refused. Brigman then proposed that, since he was scheduled to start serving a prison sentence in a week, if appellant would permit B.F. to live with him during that remaining week of freedom, Brigman would deed over some property to her in exchange for her services. Brigman showed them the deed. Again appellant refused. Over the next three days, Brigman repeated his offer several times. Each time appellant refused and told B.F. he would not permit the arrangement. Additionally, Brigman proposed that B.F. start working for a madam named Ruth Ann.
During the three day party, appellant drank beer and permitted Brigman to inject him four or five times with a mixture of antihistamine and Talwin, an analgesic. Appellant testified the effect of the shots was "about like drinking beer to me. Just without drinking it." [Tr. at 193] On the afternoon of August 5, 1984, appellant and B.F. left the party and drove to Lake Texoma, where they met appellant's brother and sister-in-law at about 8:00 p.m. The brother invited them for a swim. B.F. accepted the invitation, but said she needed to go home to change clothes. Appellant's sister-in-law testified appellant was not intoxicated at that time. When appellant and B.F. failed to arrive at the lake, appellant's brother drove his guests to their home in Denison, Texas.
At trial, appellant claimed he passed out, and when he awoke with the car parked on a country road, B.F. was in the front passenger seat, strangled. Her purse strap was tightly pulled around her neck, with the other end of the strap hooked over the door latch. In appellant's two oral and one written confessions, however, he made no mention of the purse strap. The autopsy report revealed B.F. died from hand strangulation.
Appellant drove to Denison, Texas, to talk to his brother, arriving there about 10:00 p.m. on the
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