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Bland v. State5/16/2000
112 S.Ct. 2312, 119 L.Ed.2d 232 (1992). This Court has placed no age limits on the prior convictions that may be used to support the aggravator.
Here, the details of the prior homicide were relevant in establishing the violent nature of the crime. Evidence of that crime, prior sworn testimony from the victim's wife, a certified copy of the judgment and sentence, and testimony from the sheriff and assistant district attorney involved in the capture and prosecution of Appellant, did not constitute a re-trial of the twenty year old crime. Appellant had notice of the evidence along with the opportunity to rebut, deny or explain the evidence surrounding the prior conviction. To exclude the evidence merely because it was twenty years old would deprive the sentencer of highly relevant information concerning the defendant in violation of Lockett v. Ohio, 438 U.S. 586, 604, 98 S.Ct. 2954, 57 L.Ed.2d 973 (1978). Accordingly, we find no error.
Appellant next argues evidence that the prior conviction was originally charged as first degree murder and then reduced to first degree manslaughter was extremely prejudicial and improperly admitted. This information was related to the jury when the Tillman County Court Clerk was called to the stand and asked to identify State's Exhibit 50A, the Judgment and Sentence from the prior conviction. Defense counsel's objection to the testimony was overruled.
The mention of the prior conviction having originally been charged as first degree murder was harmless. Appellant was in fact charged and ordered to stand trial on first degree murder but was able to reduce the charge to manslaughter through a plea agreement. The jury was clearly informed that the prior conviction was for first degree manslaughter. Appellant's argument that the mere mention of the original murder charge weighed more heavily in the jurors' minds than the manslaughter conviction is pure speculation in light of the evidence of Appellant's own conduct during the commission of the prior crime. Appellant has failed to show any prejudice and we find the testimony harmless beyond reasonable doubt.
Finally, Appellant challenges the use of the prior convictions to support both the continuing threat and prior violent felony aggravators. This Court has upheld the use of the same act or course of conduct to support more than one aggravating circumstance where the evidence shows different aspects of the defendant's character or crime. Turrentine, 965 P.2d at 978; Paxton v. State, 867 P.2d 1309, 1325 (Okl.Cr.1993), cert. denied, 513 U.S. 886, 115 S.Ct. 227, 130 L.Ed.2d 153 (1994); Pickens v. State, 850 P.2d 328 (Okl.Cr.1993), cert. denied 510 U.S. 1100, 114 S.Ct. 942, 127 L.Ed.2d 232 (1994); Green v. State, 713 P.2d 1032 (Okl.Cr.1985), cert. denied, 479 U.S. 871, 107 S.Ct. 241, 93 L.Ed.2d 165 (1986). Our explanation in Paxton applies to the present case. We stated:
Here, the aggravating circumstance of prior violent felony conviction is supported by the judgment and sentence for manslaughter. This evidence is indicative of Appellant's violent criminal history. When punishment is determined for Appellant's present conduct, the consideration of his past acts, together with his current conduct, shows that the death penalty is the only appropriate sentence. On the other hand, the underlying facts of the manslaughter conviction support the aggravator of "continuing threat" by showing Appellant's propensity for violence and future dangerousness and the need to protect society from his probable future conduct. 867 P.2d at 1325. Here, the aggravators found by the jury do not cover the same aspect of Appellant's character or his crime. Accordingly, we find no error in the admiss
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