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Timmy Eugene Owen v. State,
No. F-2006-598 (Okl.Cr., April 13, 2007) (unpublished): Escape; Prosecutorial Misconduct; Improper Argument: Owens was convicted by jury of Escape from the Grady County Jail (AFCF) and Assault and Battery Upon a Police Officer (AFCF). He was sentenced by Judge Richard Van Dyck to LIFE and ten years, respectively and consecutively(!) The Court affirmed the conviction, but REVERSED and REMANDED the sentence on the basis of prosecutorial misconduct in the way the details of the underlying conviction were presented. The Court stated in a footnote: "In a prosecution for escape, it is proper to place before the jury the reasons and grounds for which the appellant is legally incarcerated. McBrain v. State, 1988 OK CR 261, para. 7, 764 P.2d 905, 907. Here, the prosecutor properly read the information to the jury, reciting the specific charges which Owen was imprisoned. The prosecution, however, cannot put forth any additional inflammatory details regarding the allegations for which Owen was imprisoned. The details of Owen's alleged prior crimes are completely irrelevant to the charges being tried here."
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