Volume 564 — Pacific Reporter, Third Series

¶1 As relevant to this appeal, Appellee, Jesse Seth Diaz, Jr., was charged with felon in possession of a firearm ( 21 O.S.Supp.2022, § 1283 (A)) in the District Court of Kay County Case No. CF-2023-583. After preliminary hearing, the Honorable David Wilkie, Special Judge, granted Appellee's demurrer. The ruling was upheld by the Honorable Phillip C. Corley, District Judge.

¶1 The State charged Appellee Ramon Ambrose Armstrong, in the District Court of Comanche County, Case No. CF-2020-447, with Driving a Motor Vehicle While Under the Influence of Alcohol Second and Subsequent (Count 1), in violation of 47 O.S.Supp.2018, § 11-902 (A)(1), Prisoner Placing Bodily Fluids on Government Employee (Count 2), in violation of 21 O.S.2011, § 650.9 , and Unsafe Lane Use (Count 3), in violation of 47 O.S.Supp.2018, § 11-309 . The Honorable Grant Sheperd, District Judge, presided over Armstrong's jury trial. The jury acquitted Armstrong on each count.

Opinion - Noncite/Memorandum - Justice Shea - Affirmed and remanded for entry of an amended judgment consistent with this Opinion.

¶1 Appellant, Daniel Raul Santiago Vasquez, was tried by jury and convicted in the District Court of McClain County, Case No. CF-2018-166, of: Counts 1 and 2, First Degree Murder, in violation of 21 O.S.Supp.2012, § 701.7 (A); Count 3, Unlawful Removal of a Dead Body, in violation of 21 O.S.2011, § 1161 ; and Count 4, Pattern of Criminal Offenses, in violation of 21 O.S.2011, § 425 . The State sought the death penalty on Counts 1 and 2, and the jury found the following aggravating circumstances as to each count: 1) Appellant knowingly created a great risk of death to more than one person; 2) the murders were especially heinous, atrocious, or cruel; and 3) that there existed a probability that Appellant would commit criminal acts of violence that would constitute a continuing threat to society. The jury set punishment at death on Counts 1 and 2. The jury set punishment on Count 3 at five years imprisonment and a $5,000.00 fine and on Count 4 as two years imprisonment and a $25,000.00 fine. The Honorable Leah Edwards, District Judge, formally sentenced Appellant in accordance with the jury's verdict and ordered the sentences to run concurrently. Appellant now appeals his conviction and sentence, and raises the following propositions of error: